Circular 08/2011/tt-Bnv: Guide A Number Of Articles Of Decree No. 06/2010/nd-Cp Dated 25 January 2010 The Government Of The People's Servant

Original Language Title: Thông tư 08/2011/TT-BNV: Hướng dẫn một số điều của Nghị định số 06/2010/NĐ-CP ngày 25 tháng 01 năm 2010 của Chính phủ quy định những người là công chức

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Pursuant to the law officers, on November 13, 2008;

Pursuant to Decree No. 06/2010/ND-CP dated 25 January 2010 in of government regulation who are public servants;

Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

After uniting with the Party Central Committee, the Ministry of Interior instructed a number of articles of Decree No. 06/2010/ND-CP dated 25 January 2010 the Government of the people's public servants (hereinafter referred to as the Decree No. 6/2010/ND-CP) as follows: article 1. Guidance on the determination of public servants 1. Determining the right pursuant to the provisions of article 2 of Decree 6/2010/ND-CP.

2. The case of the base identified as public officials specified in article 2 of Decree 6/2010/ND-CP that cum some titles, elected officials (not professional) as prescribed by the law or by the rules of political organization, social-political organization shall be defined as public servants.

3. People who are working are dedicated to the work of the party, the Union, the Youth Union in State bodies, in the servant, paid from the State budget, was appointed to a quota shall be identified as public servants.

4. Who are the officers, professional military personnel, Defense workers in the Vietnam people's army and the officers, non-commissioned officers in public security professional people of Vietnam was loaned to the dedicated work in the bodies of political organization, social-political organizations and State agencies do not have to be public servants.

5. The people who are working in the location specified by law as public servants in public business units that have not yet been recruited (at current labor contract mode) are not defined as public servants.

Article 2. Guide to public servants in the Government Organization, the Prime establishment which is not a public career unit (hereinafter called the Government Organization, established by the Prime Minister) to the provisions in clause 4 Article 5 of Decree 6/2010/ND-CP 1. Government institutions, the Prime Minister established to steer or interdisciplinary coordination at Central and local levels, assigned servants, payrolls are funded from the State budget, seal, have your own account, then public officials include the head, Deputy head and people who work in organizations component units (which is not the public) of the organization. For example, the Office of the Steering Committee, the Central corruption prevention, at the provincial level.

2. in case of government institutions, the Prime Minister established the professional activities in the constituent organizations have business units accredited State budget funding of activities, such as the information centre, training centre, fostering, journal ... of the financial monitoring Committee Office, the Steering Committee on prevention of corruption ... then the head unit in my career this is determined to be public servants.

3. where a Government Organization, the Prime Minister established that the members involved part-time activity, not dedicated. For example, the National Committee for the advancement of women, the Commission on youth, the Mekong River Commission, the Commission of the national traffic safety ... the servant is determined as follows: a) If the Organization has the help (this does not include the public) are delivered by the authorized staffing , are funding the operation, seal, have your own account, then the servant of the apparatus is determined pursuant to the provisions of article 2 of Decree 6/2010/ND-CP.

b) If the Organization has business units directly under, the public in the leadership, management of business units directly under no public servants.

Article 3. Guide to public servants in leadership, management of business units in public the Politburo, Secretariat, the Commission of the National Assembly, the Government prescribed in clause 2 article 11 of Decree 6/2010/ND-CP of organization public career unit referred to in paragraph 2 article 11 of Decree 6/2010/ND-CP of servants in the Chief-level location , deputies of the constituent organizations of the constituent organization must be defined in the text of the political Bureau, the Secretariat, the Standing Committee of the National Assembly, the Government functions, mandate and organizational structure of the unit's public career. Other institutions due to the business units this public order established under the provisions of the law shall not be public servants.

Article 4. Guidance on public business units defined in paragraph 3, paragraph 4 Article 11 of Decree 6/2010/ND-CP 1. Business units-accredited State budget funding of activities defined in paragraph 3, paragraph 4 Article 11 of Decree 6/2010/ND-CP include: a) the accredited State budget grants the entire cost of the operation.

b) business units accredited State budget grants part of funding activity.

2. The public prescribed in clause 4 Article 11 of Decree 6/2010/ND-CP's business units in public bodies, the following organizations: a) General Directorate, Bureau and equivalent departments, ministerial bodies, the party organ of the central block;

b) Committee, the Committee of the provincial people's Committee, the people's Committee at district level, social-political organizations;

c District Commissioner, District Commissioner), the Standing Committee, the Standing Committee in the Committee;

d) specialized agencies (Department, Inspector, Office) of the provincial people's Committee; Office and some ban in the Committee, the Standing Committee;

e) professional body in the people's committees at district level.

3. where a public career units specified in paragraph 3, paragraph 4 Article 11 of Decree 6/2010/ND-CP has held the enterprises, the organizations and the enterprises are not public servants.

Article 5. Guide to public servants in public business units are assigned the task of State management prescribed in clause 5 article 11 of Decree 6/2010/ND-CP 1. The unit's public career was the competent State bodies carry one or several tasks to manage the State and delivered the annual payroll, then people are employed by staffing public officials to arrange job position, perform the tasks in the task of governance is defined as public servants.

2. The delivery of the task state management for public business units must be identified in writing to the Agency's legal authority.

Article 6. Guide to the case officer of the authorized Party, State rotation key held in the social-political organizations, social organizations, professional social organizations specified in article 12 of Decree 6/2010/ND-CP 1. Social-political organizations, social organizations, professional social organizations specified in article 12 of Decree 6/2010/ND-CP including the special nature specified in Decree No. 45/2010/ND-CP on April 21, 2010 by government regulation about the Organization , operation and management of the Association and decision No. 68/2009/QD-TTg dated November 1, 2010 by the Prime Minister on the Council regulation have specific properties.

2. The key position in the social-political organizations, social organizations, professional social organizations specified in article 12 of Decree 6/2010/ND-CP comprises dedicated Chairman, Vice President, professional, Secretary General of the Organization of social-political careers, social organization social organization, career at Central, provincial level.

3. Public servants are rotated to keep the key position in the social-political organizations, social organizations, civil society organizations are still determined to be career public servants.

Article 7. Guidance on the case of people over the head, put in charge of the public or the organization constitute a public career unit 1. For the public, only the head is regulated is the servant who was over the head of the unit or put in charge of the unit has not been identified as public officials, except as public officials in other agencies made about.

2. With regard to the unit's public career that the head, deputies of the heads, the level head, deputies held that constitutes business units are defined as public servants: a) the case of the head, the level head, deputies held that constitutes or public officials in other agencies are mobilized and delivered right to the head unit , put in charge of the unit or organization constitutes then identified as public servants.

b) case officers at business units that public or other public units deployed on, over the head of the unit, put in charge of the unit or organization constitutes not defined as public servants.

Article 8. Responsible for reviewing, identifying who is the party's competent authority, social-political organizations, the Office of the President, Office of the National Assembly, the State Auditor, the Supreme People's Court, the Supreme People's Procuracy, Ministry, ministerial-level agencies, government agencies, the Office of the Central Steering Committee on , fight against corruption, organized by the Government, the Prime Minister established the provincial people's Committee, is responsible for directing the Organization urgently reviewing, identifying those who are public officials in the agencies, organizations, units of competence management and established list (according to the model No. 1 and no. 2 form attached to this circular) posted on the Interior Ministry before April 30 March 2011 to General Government reports and the Prime Minister.

Article 9. Statistical reporting public servants 1. From 2012 onwards, the Agency has the authority to manage the public servants responsible for updating the number of public officials falling, rising and established number statistics report public servants increase, decrease (according to the model number 3 and number 4 form attached to this circular) posted on the Interior Ministry before June 30 of every year.

2. Based on the reports of the competent management authority, the Ministry of the Interior is responsible for the synthesis report of the Secretariat of the Communist Party, the Standing Committee of the National Assembly, the Government and the Prime Minister.

Article 10. Effective enforcement of this circular effect since 20 July 2011.


Article 11. Responsibility 1. Ministers, heads of ministerial agencies, heads of government agencies, the head of the Government Organization, established by the Prime Minister, the President of the people's Committee in the province, central cities and agencies, institutions, relevant units responsible for implementation of this circular.

2. During the implementation process if something stuck, suggest sending text on the Interior Ministry to guide and resolve./.