ORDINANCE amending and supplementing some articles of the Ordinance, public servants _ _ _ _ _ _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the National Assembly session, 10 X key;

Pursuant to resolution No. 12/2002/QH11 on December 16, 2002 by Congress, 2 session XI courses on the program of building laws and ordinances of the Parliament lock POKER term (2002-2007) and in 2003;

This Ordinance amending and supplementing some articles of the Ordinance were, servants of the National Assembly Committee on Feb. 26 through 1998.

Article 1.

Amendments and supplements to some articles of the Ordinance, public servants: 1-article 1 be amended and supplemented as follows: "article 1 1. Officers, servants specified in this Ordinance is, in Vietnam citizens, including: a) The person elected to the position by the term in State agencies, political organizations, socio-political organizations at Central; in the central cities, (hereinafter referred to as the provincial level); in the district, the County, towns and cities in the province (hereinafter referred to as district level);

b) who are employed, appointed or assigned to regularly do việctrong political organization, social-political organizations at Central, provincial, district level;

c) who are recruited, appointed on a turnover of servant or holds a public service in the regular State bodies at the Central, provincial, district level;

d) who are recruited, appointed on a turnover of employees or keep a regular task in business units of the State, political organization, social-political organizations;

DD) people's Court judges, Prosecutor people's Procuracy;

e) who are employed, appointed or assigned regular work in agencies, units of the people's army that are not officers, professional military personnel, Defense workers; working in agencies, units of the people's public security that are not officers, professional non-commissioned officers;

g) who elected to position according to the term of the people's Council, the people's Committee; The Secretary, Deputy Secretary of the Party Committee; the head of the social-political organization of communes, wards and towns (hereinafter referred to as the social level);

h) who are employed, hold a professional position in the social people's Committee.

2. public officers specified at points a, b, c, e, f, g and h of paragraph 1 of this Article are paid from the State budget; officers, servants specified in point d of paragraph 1 of this article are paid from the State budget and the career earnings under the provisions of the law. "

2-article 5 be amended and supplemented as follows: "article 5 1. The Standing Committee of the National Assembly, political organization, social-political organization specifies the application of this Ordinance to the person elected is not subject to the provisions in point a and point g, paragraph 1 article 1 of this Ordinance.

2. The Government specifies the application of this Ordinance with respect to officers, professional military personnel, workers in defense agencies, units of the people's army; officers, non-commissioned officers in professional bodies, units of the people's police; members of the Management Board, the Director General, Deputy Director General, Director, Deputy Director, Chief Accountant and the other managers in the State-owned enterprises. "

3-supplement 5a after article 5 the following: Article 5a title Government regulations, standards, obligations, rights, these things were not done and other policy regime for public servants in township-level g and h of article 1 paragraph 1 of this Ordinance. "

4-additional Articles the following Articles 5a, 5b as follows: Article 5b 1. The reserve officer mode applied in agencies, organizations use the officers, servants specified in point b and point c of paragraph 1 of article 1 of this Ordinance. People are employed making the reserve officer must have sufficient criteria, conditions prescribed by law.

2. Pursuant to the provisions of this Ordinance, the Government regulates the hiring mode, uses, benefits, obligations, these things were not done and other policy regime for public servants. "

5-article 22 be amended and supplemented as follows: "article 22 who do vote specified in point a of article 1 paragraph 1 of this Ordinance when honorifics service then arranged the work according to ability, knack, his professional career and be warranties the modes, internal policies , public officials. "

6-Article 23 be amended and supplemented as follows: "article 23 1. When recruiting officers, servants specified in the điểmb, c, e, f and h of article 1 paragraph 1 of this Ordinance, the authority, the Organization must be based on the needs of work, location of work, the title of officers, public servants and the payroll assigned targets.

2. When recruiting public regulatory tạiđiểmd paragraph 1 article 1 of this directive, the business units are based on the business needs, plan the staffing and financial resources of the unit. The recruitment is done in the form of work contract.

3. People are employed making the officers, servants specified in point b and point c of paragraph 1 of article 1 of this Ordinance is performed via the officialdom.

4. Who are employed have to be virtuous, and qualified through the examination; for employment in the business units, the high, remote areas, borders, Islands or to meet the requirements of building staff, public servants in minority ethnic areas, you can make through the selection.

The Government specified modes of examination and selection. "

7-paragraph 1 Article 32 be amended and supplemented as follows: 1. public officers prescribed in points b, c, d, e, f and h of article 1 paragraph 1 of this Ordinance be entitled to retrenchment and retrenchment mode in the following cases: a) due to the arrangements the Organization, reduce staffing by the decision of the Agency organizations, the competent units;

b) retrenchment and aspirations Have been agencies, organisations, competent unit.

Government Regulation mode, retrenchment policy with regard to the cases specified in this paragraph. "

8-article 33 be amended and supplemented as follows: "article 33 content management about public including: 1. The promulgation and implementation of the legal text, the Charter, the Statute of public officials;

2. Planning, building planning staffs, servants;

3. The provisions of standard titles and public officials;

4. decision on staffing officer, public officials in the central State bodies; rules and norms of administrative staffing, career in the people's committees; guidelines in the business units of the central State;

5. Implementation the management, use and decentralized management of public officials;

6. recruitment rules enacted, raising the quota; the file mode, try the;

7. training, fostering, reviews of public servants;

8. Direction, implementation of salary mode and the mode of remuneration policies, reward, or discipline for officials and public servants;

9. Make the stats public officers;

10. Inspection check the enforcement of the provisions of the law on public officials;

11. Direction, the Organization addressed the complaints, accusations against public officials. "

9-Article 36 be amended and supplemented as follows: "article 36


1. The Government decided the payroll and personnel management, public servants working in the State administrative organs at the central level; rules and norms of administrative staffing, career in the people's committees; guidelines in the business units of the central State.

2. The Ministry of the Interior to help the Government implement the management officers, servants specified in clause 1 of this article.

3. The ministries, ministerial agencies, government agencies, provincial people's Committee, in ưương city management officers, public officials according to the hierarchy of the Government and in accordance with the law. "

10-article 38 be amended and supplemented as follows: officers, servants specified in points b, c, d, e, f and h of article 1 paragraph 1 of this Ordinance established the excellence in the performance of duty, the service is considering lifting the quota, raising the wage level before the time limit prescribed by the Government. "

11-Item 1 and item 2 Article 39 be amended and supplemented as follows: 1. public officers prescribed in points b, c, d, e, f and h of article 1 paragraph 1 of this Ordinance violated the provisions of legislation, if not yet to the point of being blind for criminal liability, depending on the nature , the level of violation must bear one of the following discipline form: a) reprimand;

b) warning;

c) demoted salary;

d) Lower turnover;

DD) Organization;

e) dismissal.

The disciplinary jurisdiction of the Agency, organization, personnel management unit, public servants.

2. The mission, discipline for officers specified in point a and point g clause 1 article 1 of this Ordinance made under the provisions of the laws and regulations of the political organization, social-political organization. "

1.2-42 be amended and supplemented as follows: officers, servants specified in points b, c, d, e, f and h of article 1 paragraph 1 of this Ordinance when the discipline has the right to complain about the decision to discipline themselves to agencies, organizations, the unit has the authority under the provisions of the law.

Officers, servants specified in points b, c, d, e, f and h of article 1 paragraph 1 of this Ordinance held from Service captains and equivalent back down was fired have the right to sue the Government case in court under the provisions of the law. "

1.3-paragraph 1 of article 43 be amended and supplemented as follows: "officers, servants specified in points b, c, d, e, f and h of article 1 paragraph 1 of this Ordinance being disciplined by reprimand, warning, then was long time raising the salary level for another year; in the case of discipline by one of the forms from the rebuke came from Office shall not be appointed to the higher position within a period of at least a year, since the decision to discipline. "

Article 2.

This Ordinance is in effect from July 1, 2003.

Article 3.

1. Government detailing and guiding the implementation of this Ordinance.

2. Pursuant to this Ordinance, political organization, social-political organization specifies the implementation for the officers, servants jurisdiction of its management.