Circular 15/2012/tt-Bnv: Guide To Recruitment, Contracting And Compensation Costs, Fostering Training For Employees

Original Language Title: Thông tư 15/2012/TT-BNV: Hướng dẫn về tuyển dụng, ký kết hợp đồng làm việc và đền bù chi phí đào tạo, bồi dưỡng đối với viên chức

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CIRCULAR guide on recruitment, contract work and training costs, compensatory allowances for employees _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law officer on November 15, 2010;
Pursuant to Decree No. 29/2012/ND-CP dated 12 April 2012 of the Government on recruitment, use and management of employees;
Pursuant to Decree No. 61/2012/ND-CP on August 10, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
The Minister of the Interior issued a circular on recruitment, contract work and compensation costs, fostering training for officers, chapter I on the RECRUITMENT of Officials 1. Conditions of registration officers 1. Conditions of registration officer made under the provisions of article 22 of law officers, and article 4 of Decree 29/2012/ND-CP dated 12 April 2012 of the Government on recruitment, use and management officer (hereafter abbreviated as Decree No. 29/2012/ND-CP).
2. Those who sign on to the position of employment in the public business units in the field of culture, the arts, physical education, sports recruitment may be lower than the age of 18 years but must be enough 15 years old and the written consent of the legal representative.
Article 2. Profile registration officers registration records officer include: 1. Single registration officer under the model No. 1 attached herewith;
2. A resume order specifications certified by the competent authority within a period of 6 months, until the submission of the application documents;
3. copy of diploma, certificate and study results according to the requirements of the location of the application, the competent authority is attested. Case the patentee due to foreign training level must be notarized translation into Vietnamese;
4. the health certificate is still worth using because health authorities eligible for health check certificates as specified in circular No. 01/2007/TT-BYT on November 21, 2007 the Ministry of health on health examinations;
5. The certificate subject in priority recruitment officer (if any) are bodies, competent organization endorsement.
Article 3. Recruitment notices 1. Recruitment agencies, recruitment authority Unit Officer must be at least 1 (one) time on one of the mass information media (written press, say, newspaper picture) where the main Office of the agency or unit; on the Agency's electronic information unit, the hiring authority (if any) and listed in the Headquarters work of the Agency, the competent unit recruitment officer within the time limit receipt of the sign prescribed in clause 2 article 15 of Decree 29/2012/NĐ-CP dated. 2. Recruitment contents include: a) standards, conditions of registration;
b) the number of staff vacancies by location for jobs and occupations respectively;
c) content of the registration dossiers, the time limit and place filed application documents, a contact phone number;
d) the form and content of the examination or examination; the time and place of examination or examination; the fee for examination or examination under the provisions of the law.
3. within 15 days from the date of expiry receipt of the registration as prescribed in clause 2 article 15 of Decree 29/2012/ND-CP, the head of the Agency, the competent unit recruiting officers, decided to establish the Board, the Emperor performs the recruitment examination or selection.
Article 4. Test and time tests in entrance exams Officer 1. Examinations Officer is done through the exam with specific time as follows: a) General knowledge Exam: exam written, 120 minutes of time;
b) Professional Examination, the specialized professional, consists of two examinations:-test article, time 180 minutes or, test time of 30 minutes;
-Practice Exam. Time to practice because the head of the Agency, the competent unit recruiting officers decided to match the nature and characteristics of specialized career field and requirements of job vacancies location;
c) foreign language Examination: written Exam time, 60 minutes (if the standard occupations require language proficiency);
d) Office Exam: practical Exam or test, the time of 30 minutes (if the standard occupations require level).
2. where the examination officer job position requires expertise is foreign language or information technology or foreign language exam time in information technology led by the head of the Agency, the competent unit recruiting officers decided to guarantee the conformity requirements of the employment position vacancies.
3. where the examination of job position requires the use of the minority language exam shall be replaced by the test of minorities. Time, the examination of minorities due to the head of the Agency, the competent unit recruiting officers decided to ensure conformity with the requirements of the employment position vacancies.
Article 5. Exam content expertise, specialized profession The examination content rules expertise, specialized in professional examinations officer is based on the standard occupational titles corresponding to the location of the job vacancies.
In the same examination, if there are job positions require expertise, professional disciplines, the Agency, the competent units recruited employees have to build the professional examination service different majors match the requirements of the employment position vacancies.
Article 6. The decision to recruit and get the 1. Within 15 days from the date of the decision to approve results of recruiting, the head of the Agency, the competent unit recruitment officer must send a notice to recognize the successful results in writing to the applicant by post at the address to which the applicant has registered and public notice on the Agency's website the competent units, recruiting officer (if any).
2. Who matriculated to officials to sign the contract and get the task within the time limit specified in paragraph 1 article 19 of Decree 29/2012/ND-CP. 3. Cases of people being employed cancelled the recruitment decision, the head of the Agency, the competent unit recruiting officers decided to recruit people who have lower recruitment results in adjacent positions that, if that person had secured enough of the conditions specified in paragraph 1 , Item 2 article 10 of Decree 29/2012/ND-CP (in case the Organization examination officer) or the provisions of paragraph 1, paragraph 2 article 13 of Decree 29/2012/ND-CP (in case of admission officers organization).
The event from 2 or more people have a lower recruitment results of adjacent equal, the head of the Agency, the competent units recruited direct organization officials to interview these people to decide the successful person as defined in paragraph 3 article 10 of Decree 29/2012/ND-CP (in case the Organization examination officer) or the provisions in paragraph 3 article 11 Decree No. 29/2012/ND-CP (in case of admission officers organization).
Article 7. Special admission conditions 1. Job demand base, the head of the Agency, the competent unit recruiting officers are special admissions not in sequence, the procedures for recruiting staff of the provisions of article 15, article 16 and article 17 of Decree 29/2012/ND-CP for the following cases: a) who have experience as defined in art. 1 article 14 of Decree 29/2012/ND-CP working in the industry or occupational sector vacancies; continuous time from 36 months enough back-up work or tasks that require qualifications, competencies, skills, professional expertise with suitable job vacancies location (not counting the time, trial); in time the work did not violate the law to the extent of being disciplined or arrested save for criminal liability, is completing assigned tasks; the response is now required of job positions need to recruit.
b) Who is a graduate of good types, masters degree, PhD in the country and outside the country as defined in article 14 paragraph 1 point b of Decree 29/2012/ND-CP, have specialized training in accordance with the requirements of the employment position need to recruit; After graduating from case has had time to work in the industry or occupational sector vacancies, in non-work time violates the law to the extent of being disciplined or arrested save for criminal liability and is completing the assigned task during this time;
c) Who has talent, special aptitudes in accordance with Point c paragraph 1 article 14 of Decree 29/2012/ND-CP, has a diploma, certificate, certificate of practice or ability, skills fit the job positions require recruitment of business units in the public sector , the field of culture, the arts, sports, fitness, traditional trades.
2. Determine the type of skilled college graduates are based on grades in diploma; case graduate unrated, the Agency, the competent unit recruiting officers to report full results on specific course and graduated protection results to the management agency public business units to review the decision. Within 15 working days from the date of receipt, the agency managing public business units must have a written reply.
Article 8. Board test, test for the admission of special case how the head of the Agency, the competent unit officer recruitment examination Council, the selection of special way. The Council examined, testing has 5 or 7 members, namely: 1. the case was public affairs officer recruitment authority: a) the President of the Council is head or Deputy of head of public business units;
b) a Commissioner who is in charge of the unit's officers public career;

c) a Commissioner is the head or Deputy Head of Department, or organization needs to recruit and assign, check the quest for successful people officer;
d) The remaining members who have professional expertise related to the vacancies caused by the head unit.
Secretary of the Board of inspection and testing by the President designate of the Commissioner.
2. where public business units not yet delivered competent recruiting officers: a) the President of the Council by the head of the competent agency to recruit bureaucrats decide;
b) a Commissioner is the head or Deputy Head of unit public career;
c) A Committee is representative of parts made of the Agency's officers have the authority to recruit employees;
d) The remaining members who have professional expertise related to the vacancies caused by the head of the competent agency to recruit bureaucrats decide.
Secretary of the Board of inspection and testing by the President designate of the Commissioner.
3. duties and powers of the Board of inspection and testing: a) check on the conditions, standards, qualifications, certification under the standard occupations corresponding to the position of employment vacancies and requirements brings the peculiarity of business units;
b) testing through interviews or practicing on the level of General knowledge, qualifications, professional abilities of the person are the special admission. The form and content of the test because the test Assembly, testing based on the requirements of the employment position vacancies, reported the head of the Agency, the competent unit recruiting officers to review the decision before completing organization;
c) testing, testing Board work according to the principle of collective voting by majority and dissolved after the completion of the task.
Article 9. Profile, the procedure for the selection of special ways 1. The profile of the person who recommended the selection of special ways, including: a) Single registration officer under the model No. 1 attached herewith;
b) A curriculum vitae art self certified by the competent authority within a period of 6 months, until the submission of the application documents;
c) copies of the diplomas, certificates and study results according to the requirements of the location of the application, the competent authority is attested. Case the patentee due to foreign training level must be notarized translation into Vietnamese;
d health certificate) is still worth using because health authorities eligible for health check certificates as specified in circular No. 01/2007/TT-BYT on November 21, 2007 the Ministry of health on health examinations;
DD) A self assessment review who recommended the selection of special way about political, ethical qualities, qualifications and professional competencies, profession, work process and the form of rewarded (if any); a review and confirmation of Heads of agencies, organizations, the unit where he/she works for cases receiving the provisions of art. 1 article 14 of Decree 29/2012/NĐ-CP dated. 2. The head of the Agency, the competent unit recruiting officers have suggested text heads of the competent organs of management officials, recognition of the special examination. The text suggested by the head or Deputy Head of the Agency, the competent unit recruiting officers, sign, which stated the location of jobs needed to recruit and attach check Council meeting minutes, and records of each case is eligible admission standards, special way.
3. Service (Ban) personnel in ministries, ministerial agencies, government agencies or the Department of the Interior of the province, central cities are responsible for evaluation a special admissions process way before the head of the competent management authority officials acknowledged the special examination results.
4. within 20 working days from the date of receiving the text of the proposal, the head of the competent organs of management officer is responsible for directing the organization assess and must reply in writing; If the prescribed time limit which does not yet have the answer text regarded as consent. in case of not enough profile as specified, then within 5 working days from the date of receiving the text of the proposal, the Agency has the authority to manage the officer must have written the Agency proposal the competent units, recruiting additional officials, improve the application rules.
5. the competent authorities of management responsible officer reported the Interior Ministry on June 30 and December 31 of every year on the results of the special examination of ways to track and serve inspection, check under the provisions of the law.
Article 10. The case is long done the mode 1. Successful people are long officials made the mode when the following conditions: a) the time has the work are compulsory social insurance premiums in the industry, field vacancies from enough of 12 months or more;
b) during the work have compulsory social insurance stipulated in art. This made the professional work consistent with the requirements of the employment position to be recruited.
2. People are employed the time has the work are compulsory social insurance, if there is not enough of the conditions specified in paragraph 1 of this article must then perform the exercise mode.
3. working time has the obligatory social insurance of the person be employed doing professional work consistent with the requirements of the job location are employed (if any) included in the review period raised the salary after appointment and salary into occupations.
Chapter II article 11 WORK CONTRACT. Work contract determine the time limits 1. Work contract determine the time limit be signed by the heads of business units with the public who matriculated employees, except in cases specified in point d, point 1 article 58 Paragraph Ridin Law officers, and according to the model No. 2 attached to this circular.
2. for cases of registration officer as defined in clause 2 1 of this circular, if the officer then made a work contract determine the time limit according to the model No. 3 attached to this circular.
3. Based on the needs of work, location of work and occupations are employed, the head of the business units make decisions specific deadline to sign the contract determines the time limit not to exceed 36 months.
Article 12. Work contract does not specify the time limit.
Work contract does not specify a time limit be signed by the heads of business units with the public who've done work contract determine timelines and case officers, public servants turn into employees as defined in point d, point 1 article 58 Paragraph Ridin Law Officer and form 4 attached to this circular.
Article 13. Change the content of the contract work in progress contract work, if there are changes to the content of the contract work, the two sides agreed the contents modified, added and are conducted by signing the addendum to the contract work or contract work.
Article 14. Termination of the work contract in the case of employees transferred to the Agency, other units 1. When the officer transferred to the Agency, other units have to terminate the contract of work with the public, are working.
2. The termination of the work contract must be made in writing to have certified by the officer and the head of the public or the competent agency of the contract work. Ending the contract work was established in two copies, each party holds one copy.
Article 15. Contract work for employees when transferred to the new public employees moved to the new State, the head of the public or the competent agency careers officer must sign contracts to work with employees and make appropriate salary regime on the basis of base on the capacity , level of training, work process, performance salary and social insurance period of employees.
Chapter III COMPENSATION for Training COSTS 16. Compensation for the cost of training 1. The officer was sent to train in the country and abroad to compensate costs of training prescribed in paragraph 4 to article 36 of Decree 29/2012/NĐ-CP dated. 2. The case officer is not compensate training expenses: a) the officer did not complete the course due to illness treated, certified by the competent health facilities;
b) officer has not served enough time under the commitment to transfer are the competent authorities agree;
c) unit public, terminate the contract with respect to the officer when it was forced to shrink the scale, not the location of employment or termination of the activity according to the decision of the competent authority.
Article 17. Costs and the calculation of compensation for training costs 1. Costs include tuition fees and all other expenses for the service, not including salaries and allowances, if any.
2. Calculation of compensation: a) for cases specified in point a of paragraph 4 Article 36 Decree 29/2012/ND-CP, the officer must compensate 100% of the cost of training;
b) for cases specified in point b of paragraph 4 Article 36 Decree 29/2012/ND-CP, the officer must compensate 50% of the cost of the course;
c) with respect to the cases specified in point c paragraph 4 Article 36 Decree 29/2012/ND-CP, compensation is calculated according to the following formula: S = (F/T1) x (T1-T2) where:-S is the compensation;
-F is the total cost of the course;
-T1 is the time required to serve after completion of the course (or courses) are calculated by the number of months rounding;
-T2 is the time served after the training is calculated by the number of months rounding.
Article 18. The decision to pay compensation and recover the cost of training 1. The head of the business units make decisions and take responsibility for its decisions with regard to the level of compensation for the cost of training employees as prescribed.
2. Recovery of compensation training cost

a) at the latest within a period of 30 days from the date of the decision on the compensation for the costs of training of Heads of business units, employees must compensate the cost of training is responsible for filing pay the full amount to compensate for the business units.
b) compensation training costs of employees must be the public currency lodging on the unit's account at the State Treasury track, manage, and use in accordance with the provisions of the law.
c) where employees are compensated cost of training does not make the liability to compensate the issuing unit, agency decision does not address the compensation mode, the policy and have the right to sue under the provisions of chapter IV of law ENFORCEMENT TERMS article 19. Effect 1. This circular is effective from 15 February 2013.
2. Abolish the following text: a) Circular No. 10/2004/TT-BNV May 19, 02 2004 Interior Ministry's guidelines make a number of articles of Decree No. 116/2003/ND-CP dated 10 October 2003 by the Government on recruitment, use and management of public officials in the State's business units;
b) Circular No. 01/2007/TT-BNV on June 21, 2007 the Ministry of the Interior's guidelines make a number of articles of Decree No. 116/2003/ND-CP dated 10 October 2003 and Government Decree No. 121/2006/ND-CP dated 23 October 2006 from the Government amended and supplemented a number of articles of Decree No. 116/2003/ND-CP dated 10 October 2003 from the Government of recruitment, use and management of public officials in the State's business units;
c) Circular No. 02/2008/TT-BNV March 3/2008 of the Ministry of Interior amends section I paragraph 1 point b circular No. 04/2007/TT-BNV on June 21, 2007 the Ministry of the Interior's guidelines make a number of articles of Decree No. 116/2003/ND-CP dated 10 October 2003 and Government Decree No. 121/2006/ND-CP dated 23 October 2006 from the Government modifying, supplementing a number of articles of Decree No. 116/2003/ND-CP dated 10 October 2003 by the Government on recruitment, use and management of public officials in the State's business units.
d) regulations on retrenchment, compensation of costs for training officials in circular No. 130/2004/TT-BNV on December 7, 2005 of the Ministry of Interior Guideline a number of articles of Decree No. 54/2005/ND-CP on retrenchment mode, the mode of compensation costs for the training of officers civil servants.
Article 20. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, organizations and individuals concerned is responsible for the implementation of this circular.