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Decree 21/2010/nd-Cp: Payroll Management Public Servants

Original Language Title: Nghị định 21/2010/NĐ-CP: Về quản lý biên chế công chức

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law officers, on November 13, 2008;

Considering the recommendation of the Minister of the Interior, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, the regulation on the management of public servants, including payroll: payroll management principle, determining the payroll, payroll management content servant.

Article 2. Application object 1. Ministries, ministerial agencies, government agencies, government organizations, the Prime establishment which is not accredited business units.

2. The people's Council, the provincial people's Committee, the central cities.

3. The Office of the President.

4. The Office of the National Assembly.

5. The State Audit.

6. People's courts.

7. the people's Procuracy.

8. The organs of the Communist Party of Vietnam at the Central, provincial, district level.

9. The organs of socio-political organizations at Central, provincial, district level.

10. The unit's public career at Central, provincial, district level, including: a) the unit of the State's public career;

b) The business units of the Communist Party of Vietnam;

c) The unit of social-political organisation.

Article 3. Principles of payroll administration public servants 1. In compliance with the provisions of the law on public servants and the regulations of the competent organs of the Communist Party of Vietnam.

2. Ensure unified payroll management synchronization between public servants with recruitment, use and management of public servants.

3. Combine payroll management public servants with the standard title, location of employment of public servants.

4. To meet the requirements of administrative reform, ensuring the public payroll matching functions, the Agency's mission, organization, unit.

5. Publicity, transparency, democracy in payroll management public servants.

Article 4. Determining staffing public servants 1. For the Agency, held in a central location) job matching functions, tasks, powers and organizational structure of each agency, organization, unit is specified by the authorized;

b) nature, characteristics, degree of complexity and scale, the scope, industry management objects, field;

c) management process expertise, career service prescribed by law;

d) the level of modernization of the facility, the equipment, the media work and the application of information technology;

the actual situation) payroll management public servants are delivered by the Agency, organization, unit.

2. for the Agency, a local organization) the grounds prescribed in clause 1 of this article;

b) population size, area, level of social-economic development of the locality;

c) of the number of administrative units at district level, social;

d) characteristics of the political, security, social safety and order.

3. for a public career unit) the grounds prescribed in clause 1 of this article;

b) Government regulations on public servants in the leadership, management of business units.

Article 5. Content management staffing public servants 1. Building and issued legal documents on the public payroll, the payroll identification guide public servants and public servants payroll management.

2. Planning the annual payroll, payroll adjustment public servants.

3. staffing decisions public servants; allocation, using the payroll of public servants.

4. Instructions, inspection, checking the payroll management public servants.

5. Statistics, aggregated and reported on the payroll of public servants.

Chapter II PLAN of PAYROLL and PAYROLL ADJUSTMENTS the ANNUAL category 1 PAYROLL PLAN ANNUAL SERVANT article 6. Planning the annual payroll Agency, organization, unit as defined in article 2 of this Decree are responsible for planning the annual payroll under the provisions of this Decree and guidance of the Ministry of the Interior.

Article 7. Payroll planning basis the annual 1. Determining the payroll stipulated in article 4 of this Decree.

2. The text of the authorized agency guidelines define the public payroll.

Article 8. The content of the plan the annual payroll 1. Report results using the payroll of public servants in the adjacent front; accompanied by statistical forms, payroll data of existing public servants under the guidance of the Ministry of the Interior. 

2. Determine the number of payroll employees.

3. The solution make the plan public payroll after being delivered by the authorized or approved, is expected to source additional servants, instead, a policy of downsizing and cost estimation to make.

Article 9. The time limit for sending the payroll plan the annual 1. The latest is on July 20 years ago adjacent, agencies, organizations, units specified in clause 1, 2 and art. 10 article 2 of this Decree to send Interior Ministry payroll plan public officials annually to appraise the Prime; the Agency, organization, unit defined in paragraph 3, 4, 5, 6, 7, 8, 9, and point b, c paragraph 10 article 2 of this Decree shall send the competent authorities to plan the annual payroll to decide and sent the Interior Ministry to the General synthesis about the payroll.

2. After the July 20 years ago adjacent, if the Agency, organization, unit does not send the payroll plan annually as prescribed in paragraph 1 of this article shall keep stable servants payroll number was delivered.

Article 10. The payroll plan profile public officials annually 1. The payroll plan profile public officials annually, including: a) text recommended for approval plans public payroll every year;

b) payroll plan annual servant;

c) documents related to the planning of public payrolls.

2. The text proposed for approval plans public payroll annually by the heads of agencies, institutions, and units must have the following principal contents: a) the need for and the base of the planning of the annual payroll;

b) the main content of the plan the annual payroll;

c) recommendations, proposals.

PAYROLL ADJUSTMENT item 2 ANNUAL SERVANT article 11. Payroll adjustment base public servants 1. Established, reorganised, dismembered bodies, institutions, units as determined by the competent authority.

2. To establish new, import, share, adjusted the boundaries of administrative units of provincial level, district level.

3. Adjust the functions, duties and powers of the Agency, organization, units as determined by the competent authority.

Article 12. Adjust payroll records public servants 1. The Agency, organization, unit specified in clause 1, 2 and art. 10 article 2 of this decree established payroll adjustment profile public officials sent the Interior Ministry to settle according to the authority; the Agency, organization, unit defined in paragraph 3, 4, 5, 6, 7, 8, 9, and point b, c paragraph 10 article 2 of this decree established payroll adjustment profile public officials send body competent to review the decision.

2. adjust the payroll records, including: a) text recommended to adjust the payroll public servants;

b) payroll adjustment scheme public servants;

c) documents related to the public payroll adjustment attached.

3. The text proposed to adjust the payroll public servants by the head of the Agency, organization, unit and must have the following principal contents: a) the need and grounds of the public payroll adjustments;

b) the main content of the project adjusted payroll public servants;

c) recommendations, proposals.

Chapter III the RESPONSIBLE STAFFING OFFICER MANAGEMENT article 13. Responsibility of Ministers, heads of ministerial agencies, government agencies, government organizations, the Prime establishment which is not a public career unit 1. Direction to the agencies, organizations, subdivisions, planning the annual payroll. 

2. Based on the payroll was delivered: a) Payroll Interface public servants of the Agency, the administrative organization;

b) Payroll Interface public servants in leadership, management of the business units directly under the public.

3. Prepare statistics and reports on the implementation of payroll management public servants as stipulated in this Decree and guidance of the Ministry of the Interior.

4. Inspect, examine the observance of the regulations on the management of staffing the position with regard to the agencies, organizations, business units directly under the public.

5. Complaints, accusations about payroll management public servants jurisdiction.

Article 14. The responsibility of the Minister of the Interior 1. The Prime Minister approved the total payroll, payroll, payroll backup servants civil servants working in the Foreign Ministry, ministerial-level agencies, government agencies, government organizations, the Prime establishment which is not accredited business units and the , central cities.

2. Payroll Interface public servants after being approved by the Prime Minister for each Ministry, ministerial-level agencies, government agencies, government organizations, the Prime establishment which is not accredited business units and the province, the central cities.

3. Payroll Interface public servants working abroad after being the Prime Ministry for approval, ministerial-level agencies, government agencies.

4. Adjust the payroll public servants within the public payroll is the Prime Minister for approval in accordance with this Decree.

5. Issued guidance documents identified staffing phyla for servants, field as proposed by Ministers, heads of ministerial agencies, government agencies, government organizations, the Prime establishment which is not accredited business units.

6. General Payroll statistics, public servants in the nationwide, Government reports, Prime Minister of the Government and the competent authorities.

7. Inspection, checking the implementation of payroll management public servants are delivered to the ministries, ministerial agencies, government agencies, government organizations, the Prime establishment which is not accredited business units and people's committees of provinces and cities under central Government according to the provisions of this Decree and the provisions of relevant laws.

8. Complaints, accusations about payroll management public servants jurisdiction under the provisions of the law.

Article 15. The responsibility of the Minister of finance


1. Build norms allocate administrative management expenditure estimation according to the staffing agency's servants, the Organization provided for in paragraphs 1, 3, 4, 5, 6, 7, 8, 9 Article 2 of this Decree; guide the provincial people's Committee building expenditure estimation allocation quota administration under the payroll of public servants of the Agency, held in the people's Council and people's Committee levels.

2. Arrange the funding the State budget guarantees under the payroll of public servants, ministerial-level agencies, government agencies, government institutions, the Prime establishment which is not accredited business units; the Agency under the authority of the decisions of Communist Party of Vietnam, the National Assembly Standing Committee, the President of the country.

Article 16. Responsibility of provincial people's Councils of the provincial people's Council to decide the payroll interface public servants in agencies of the people's councils, committees, business units of provincial people's committees, district level in public officials are competent.

Article 17. The responsibilities of the Chairman of the provincial people's Committee 1. Direction to the agencies, organizations, business units and people's committees at district level to plan the annual payroll.

2. The people's councils the payroll provincial public servants and implemented after the people's Council to decide.

3. Prepare statistics and reports on the implementation of payroll management public servants as stipulated in this Decree and guidance of the Ministry of the Interior.

4. check the implementation of the regulations on the management of staffing the position with regard to the agencies, organizations, business units directly under the public.

5. Complaints, accusations about payroll management public servants jurisdiction.

Chapter IV the TERMS OF IMPLEMENTATION of Article 18. Effective enforcement of this Decree shall be enforceable as from May 1, 2010.

Repeal the provisions on the public payroll in Decree No. 71/2003/ND-CP dated 19 June 2003 by the Government on decentralized management of payroll administration, State career.

Article 19. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the head of a Government Organization, the Prime establishment which is not accredited, the President of the people's Council, Chairman of the provincial people's Committee, the central cities , agencies, organizations and individuals concerned is responsible for the implementation of this Decree.