Decree No. 36/2013/ND-CP dated April 22, 2013 of the Government on job positions and structures of civil servant ranks

THE GOVERNMENT

Decree No. 36/2013/ND-CP of April 22, 2013, on job positions and structures of civil servant ranks

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

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

At the proposal of the Minister of Home Affairs,

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the bases, principles, methods, order and procedures for determining job positions and structures of civil servant ranks; and the competence 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, government-attached agencies and organizations established by the Government or the Prime Minister which are 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 professional agencies of provincial- and district-level People’s Committees;

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

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

a/ The Presidential Office;

b/ The National Assembly Office;

c/ The State Audit Office of Vietnam;

d/ People’s courts;

dd/ People’s procuracies;

e/ Central-, provincial- and district-level agencies of the Communist Party of Vietnam;

g/ Central-, provincial- and district-level agencies of socio-political organizations.

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 determining payrolls and assigning tasks to civil servants in agencies, organizations and units.

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

3. Job positions are classified as follows:

a/ Job position assumed by one person;

b/ Job position assumed 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 suitable to the list of job positions and the corresponding payroll of civil servants.

2. The Ministry of Home Affairs shall specifically guide the determination of structures of civil servant ranks.

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

1. Principles of determining job positions:

a/ Being suitable to the functions, tasks, powers and organizational structure of each agency, organization or unit;

b/ Ensuring scientificity, objectivity, publicity, transparency, and suitability to practical conditions;

c/ Ensuring that each job position is always associated with a certain title of civil servant rank. Leading and managerial job positions also have leading and managerial titles;

d/ Complying with the law on management of civil servants.

2. Principles of determining structures of civil servant ranks:

a/ Being based on the number of lists of job positions and payrolls already determined;

b/ The determination of titles of civil servant ranks for each job position must suit the specialized field of operation;

c/ Complying with regulations on the highest civil servant rank applicable at each administrative level or in each agency, organization or unit;

d/ Being based on the criteria of civil servant rank as well as the job description and framework of relevant capacities of each job position.

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

1. Bases for determining job positions:

a/ Documents issued by competent authorities, defining the functions, tasks, powers and organizational structures of agencies, organizations and units;

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 and procedures for management or performance of professional tasks in accordance with law;

d/ The degree of modernization of working offices, equipment and facilities and application of information technology;

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

e/ Present situation of assignment and employment of civil servants in agencies, organizations and units.

2. Bases for determining structures of civil servant ranks:

a/ Lists of job positions;

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

Article 7. Methods of determining job positions

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

2. Determination of job positions by synthesis method means the combination of organizational analysis and work analysis 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 in accordance with law);

b/ Step 2: Job grouping;

c/ Step 3: Identification of influential factors;

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

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

e/ Step 6: Preparation of job descriptions for each job position;

g/ Step 7: Making a framework of relevant capacities for each job position;

h/ Step 8: Determination of corresponding civil servant ranks (and leading and managerial titles, if any) for each job position already determined.

3. The Ministry of Home Affairs shall specifically guide the methods of determining job positions prescribed in Clauses 1 and 2, Article 7 of this Decree.

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

1. Promulgating legal documents on job positions.

2. Stipulating and guiding methods of determining job positions and structures of civil servant ranks.

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

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

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

6. Settling complaints and denunciations and handling violations related to the management of job positions and structures of civil servant ranks in accordance with law.

Chapter II

ORDER AND PROCEDURES FOR DETERMINING 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 manage 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 summarize these schemes for submission to competent authorities for approval under regulations.

2. Annually, in case of any changes in the functions, tasks, powers or organizational structures; work nature, characteristics or requirements, the degree of complexity and scale of work, scope and subjects of service; or the degree of modernization of working offices, equipment and facilities and application of information technology, agencies, organizations and units shall adjust their schemes on job positions and structures of civil servant ranks and submit them to competent authorities under regulations.

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

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

1. The Organization and Personnel Departments under ministries, ministerial-level agencies, government-attached agencies and organizations established by the Government or the Prime Minister which are not public non-business units (below collectively referred to as ministries) shall assist their ministers or heads of their agencies or organizations in appraising schemes on job positions and structures of civil servant ranks of agencies and organizations under their ministries; summarize lists of job positions and structures of civil servant ranks of these agencies and organizations. Then ministries shall send these lists to the Ministry of Home Affairs according to regulations.

2. The Home Affairs Departments under People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) shall assist chairpersons of provincial-level People’s Committees in appraising schemes on job positions and structures of civil servant ranks in agencies, organizations and units under provincial-level People’s Councils and People’s Committees and People’s Councils and People’s Committees of districts, towns and provincial cities; summarize lists of job positions and structures of civil servant ranks of these agencies, organizations and units and submit them to provincial-level People’s Committees for consideration. Then, provincial-level People’s Committees shall send these lists to the Ministry of Home Affairs according to regulations.

3. Contents of appraisal:

a/ Dossiers, order and procedures for determining job positions as prescribed;

b/ Necessity and legal bases for the formulation of the scheme;

c/ Lists of job positions, job descriptions, frameworks of relevant capacities and corresponding structures of civil servant ranks;

d/ Conditions assuring the implementation of the scheme after it is approved.

4. Within 30 working days after receiving complete and valid dossiers requesting appraisal of schemes on job positions and structures of civil servant ranks, agencies or organizations with appraising competence shall complete the appraisal for submission to competent agencies to sign and send these schemes to the Ministry of Home Affairs according to regulations.

Article 11. Dossier of, and deadline for submitting, a scheme on job positions for approval

1. A dossier comprises:

a/ The written request for approval of a 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 defining the functions, tasks, powers and organizational structure of the agency, organization or unit;

dd/ Documents related to the scheme formulation.

2. By July 20 every year at the latest, ministries, ministerial-level agencies, government-attached agencies, organizations established by the Government or the Prime Minister which are not public non-business units and provincial-level People’s Committees shall send dossiers of schemes on job positions to the Ministry of Home Affairs according to regulations.

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

4. Past the deadline specified in Clause 2 of this Article, if ministries, sectors and localities submit no dossiers of schemes on job positions prescribed in Clause 1 of this Article, their approved number of job positions will be automatically kept unchanged.

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

1. Job positions and structures of civil servant ranks in agencies, organizations and units will be adjusted in the following cases:

a/ The functions, tasks, powers and organizational structures of agencies, organizations and units are supplemented or adjusted under decisions of competent authorities;

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

c/ Provincial- or district-level administrative units are newly established, merged or separated or have their boundaries adjusted; or socio-economic development, economic restructuring, science and technology application, urbanization, security and order conditions are changed;

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

dd/ Working equipment and facilities, or degree of modernization of working offices and application of information technology of agencies, organizations and units are changed under decisions of competent authorities.

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

3. For agencies, organizations and units newly established under decisions of competent authorities, their lists of job positions and structures of civil servant ranks must be determined right during the formulation of their establishment schemes and approved by competent authorities in their establishment decisions.

Chapter III

COMPETENCE TO MANAGE JOB POSITIONS AND STRUCTURES OF CIVIL SERVANT RANKS

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

1. To direct agencies, organizations and units under 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 under their management; to summarize their lists of job positions and structures of civil servant ranks and send them to the Ministry of Home Affairs according to regulations.

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

5. To settle complaints and denunciations and handle violations related to the management of job positions and structures of civil servant ranks in agencies, organizations and units under their management in accordance with law.

Article 14. Competence of provincial-level People’s Committees

1. To direct agencies, organizations and units under 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 summarize 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 according to regulations.

3. To decentralize or authorize the 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 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.

5. To settle complaints and denunciations and handle violations related to the management of job positions and structures of civil servant ranks in agencies, organizations and units under their management in accordance with law.

Article 15. Competence of the Ministry of Home Affairs

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

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

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

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

5. To settle complaints and denunciations and handle violations related to the management of job positions and structures of civil servant ranks within its competence in accordance with law.

Article 16. Competence of other agencies

1. Competent agencies of the Communist Party of Vietnam and socio-political organizations shall base themselves on this Decree and relevant documents to decide on 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 the Presidential Office, the National Assembly Office, the State Audit Office of Vietnam, the Supreme People’s Court and the Supreme People’s Procuracy shall base themselves on this Decree and relevant documents to decide on 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 Clauses 1 and 2 of this Article must concurrently be sent to the Ministry of Home Affairs for summarization.

Chapter IV

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG