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

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Decree No. 36/2013/ND-CP dated April 22, 2013 of the Government on job positions and structures of civil servant ranks
Issuing body: GovernmentEffective date:
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Official number:36/2013/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:22/04/2013Effect status:
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Fields:Cadres - Civil Servants

SUMMARY

DEFINING JOB POSITIONS AND STRUCTURES OF CIVIL SERVANT RANKS

The Government has just issued the Decree No. 36/2013/ND-CP on job positions and structures of civil servant ranks.

Also in accordance with this Decree, 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. 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. And job positions are classified as job position assumed by one person; job position assumed by more than one person and part-time job position. Bases for determining job positions and structures of civil servant ranks are not only documents issued by competent authorities, defining the functions, tasks, powers and organizational structures of agencies, organizations and units; work nature, characteristics and requirements of agencies, organizations and units but also 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; the degree of modernization of working offices, equipment and facilities and application of information technology and so on.

Besides, 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. Therefore, determining structures of civil servant ranks must base on the number of lists of job positions and payrolls already determined; the determination of titles of civil servant ranks for each job position must suit the specialized field of operation; complying with regulations on the highest civil servant rank applicable at each administrative level or in each agency, organization or unit and  on the criteria of civil servant rank as well as the job description and framework of relevant capacities of each job position.

Besides, the Government also requires competent agencies 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.

This Decree takes effect on June 10, 2013.
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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;

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ENGLISH DOCUMENTS

Official Gazette
Decree 36/2013/NĐ-CP PDF

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