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The Decree 158/2007/nd-Cp: Regulation Listing The Location Of The Work And Periodic Time Limit Switch Positions The Work For Public Servants

Original Language Title: Nghị định 158/2007/NĐ-CP: Quy định Danh mục các vị trí công tác và thời hạn định kỳ chuyển đổi vị trí công tác đối với cán bộ, công chức, viên chức

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Chapter 1: GENERAL PROVISIONS article 1. Scope of this Decree stipulates the location of the work in the fields, the fields must periodically switch and periodic time limit switch positions in agencies, organizations, units of State have related to the management of the budget, the property of the State , direct contact and work of the Agency, organization, or individual units in order to proactively prevent corruption.
Article 2. Application object 1. This Decree shall apply to officers, public servants, officers do not hold leadership, managers are working in the Agency, organization, unit: a) the ministries, ministerial agencies, government agencies; the administrative organization of ministries, ministerial agencies, government agencies;
b) Office of the President; The Office of the National Assembly; The Office of the Central Steering Committee on anti-corruption; State Auditor; The people's Court, people's Procuratorate granted; The military courts, the military Procuracy;
c) the people's Council, the people's Committee; the specialized agencies in the provincial people's Committee, the district level;
d) agencies of the political organization, social-political organizations from the social level;
DD) The business units of the State, of the political organization, social-political organizations;
e) economic corporations, the corporations, the State company (hereafter referred to as State enterprises);
g) the agencies, organizations, units of the armed forces;
h) social-political organizations, social organizations, social organizations and agencies, professional organizations, other units have used the budget, property of the State.
2. The rotation of officers, civil servants hold leadership, management is done according to the regulations about rotation of officers.
Article 3. Explanation of terms 1. "Periodically switch positions the work" is the head of the Agency, organization, Unit decided to maneuver, the layout, the assigned work location again for public servants working duration 36 months in enough positions in the field, the lines of the provisions of article 8 of this Decree.
2. '' public servants held leadership, management '' is the person who is elected or appointed by the authority who was serving time in organs, institutions, and units are entitled to the allowance.
Article 4. The principle and the prohibited behavior in performing periodically switch positions the work 1. Implementation guidelines periodically switch positions the work: a) the implementation of periodic switch positions the work prescribed in this Decree are mandatory regulations, often, applicable to all public servants deployed on the location of the work in the field of , the lines of the provisions of article 8 of this Decree;
b) Must objectively, the mind, science and rational, consistent with professional service; expression, against individualism; does not cause loss of solidarity and do not tamper with the stability in the Agency, organization, unit;
c) Is the correct principles of permutations, not affecting the increase, reducing the staffing of the Agency, organization, unit;
d) must be conducted according to the plan, to be announced publicly in the internal organs, institutions, and units attached to the responsibility of the head of the Agency, organization, unit.
2. The acts prohibited in the implementation of periodic switch positions the work: a) do not perform periodically switch positions left work with professional service are doing or are in charge;
b) prohibiting the use regulations periodically switch positions the work for public servants for the purpose of service or to retaliation public servants.
Article 5. The content and form of do periodically switch positions the work 1. Recurring content switch positions the work: a) to periodically switch positions the work from this Department to other parts of the same professional service in each agency, organization unit, or between the areas, the area was assigned to monitor, in charge, Manager;
b) periodically switch positions the work between the Agency, organization, unit within the Agency's management, organization and units specified in clause 1 article 2 of this Decree.
2. Periodically switch positions the work just done by issuing decisions, arranged public servants according to the content specified in paragraph 1 of this article.
Article 6. These cases have not carried the periodically working position switch 1. Public servants are in time were reviewed, disciplined.
2. Public servants are in time be prosecuted, investigated or are related to the work being inspected, checked.
3. Public servants are treated illness as defined by the Ministry of health, long-term school or be seconded.
4. Public servants are women during pregnancy or raising children under 36 months of age. The case is raising children under 36 months of age (due to the loss of his wife or other objectively the case) then the officials and servants, the male officer was also applied as a female officer, officer specified in this paragraph.
Chapter 2: the DURATION and LOCATION of the CATALOG PERIODICALLY WORK CONVERTING article 7. Periodic time limit switch positions the work time limit switch positions the work is 3 years (36 months enough) for cadres from professional servants, services related to the management of the budget, the property of the State, direct exposure and solve the Agency's work , organization, individual units.
Article 8. List the location of the work in the fields, the fields must periodically switch The location of the work must be done periodically switch in these areas, the following lines: 1. financial management, budget, property of the State;
2. Export controls, import of goods;
3. customs activities, tax, Treasury, national reserve; management and implementation of the accounting profession, auditing;
4. task management privatization of State enterprises; manage the stock, the stock market;
5. evaluation activities, evaluation of active auctions, buy and sell debt;
6. Licensed banks, foreign exchange operations; inspection, monitoring of banking activities; management and implementation of credit business in State credit institutions; evaluation and credit lending;
7. Manage the sale, lease, land, rental property on land and land use rights certificates, home ownership;
8. Active Management, operating and investment plan work in State agencies and in State enterprises;
9. Manage Foreign Affairs, Consul;
10. management activities and allocate the sort: paper registration, marriage registration have foreign elements, certificates, permits, granting criminal votes; notary, Executive Member civil enforcement;
11. basic construction management, relief, compensatory price pressure in the clearance and project management;
12. Manage, allocate the type of degree, certificate;
13. Management, register allocation media types, by driving;
14. Manager, register the type of means of transport;
15. market management activities, Rangers;
16. The inspection activities;
17. Public servants working on prevention of corruption in the agencies, organizations and units specified in clause 1 2 of this Decree;

18. Traffic Police; the judicial police; prison police; Police in the household; the police investigation; the economic police; Police in the area; the police administrative order; the police register, weapon management, business condition and seal; police registration and household management; the police instructions and check the fire safety and firefighting; the police do logistics; economic security, security surveys, exit and entry management and officers working in the reconnaissance Agency in the people's police force;
19. Staff members working on the logistics, technical, economic, investment in people's army;
20. The work of the Prosecutor's judicial activities; the activities of the people's Procuracy, the military Procuracy; trial operations of the people's Court, the military court;
21. The work of recruitment, training, examination, grade of public servants; HR and human resource management.
Article 9. Detailed rules list within 60 days from the date of this Decree takes effect, Ministers, heads of ministerial agencies, heads of government agencies and the heads of the agencies specified in point b of paragraph 1 article 2 of this Decree enacting the text specifies the directory location of the work must be done periodically switch in the field , the lines of the provisions of article 8 of this Decree in the scope of management of The Agency, and sent to the Interior Ministry General, reporting to the Prime Minister.
Chapter 3: LIABILITY to PERFORM PERIODICALLY SWITCH POSITIONS the WORK of article 10. The time of issuing the decision to switch positions the work periodically and conducting handover of work 1. The switch positions the work for public servants subject to conversion is made in the form prescribed in clause 2 article 5 of this Decree and public notice for public servants in the conversion object know before 30 days when start switch positions.
2. the assigned Level the Authority decided to switch positions periodically works is responsible for the Organization and create favorable conditions for officials and civil servants, officers handed the job for officers, the other servants in the duration from 1 day to 5 days before the start was switch positions.
Article 11. Special case 1. With regard to the agencies, organizations, the unit has only one location in the catalog periodically switch positions, that this position has required professional expertise with other positions of authority, organization, unit conversion, recurring work location due to the competent bodies the management level directly on the decision.
2. Do not make the switch location of recurring work for public servants have the remaining work time under 18 months before the full retirement age.
Article 12. The responsibility to implement and test the implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Council, Chairman of the provincial people's Committee, central cities and agencies, organizations, other units specified in clause 1 2 of this Decree are responsible for implementing the provisions of article 9 of this Decree; at the same time clearly defined authority and responsibility to conduct the periodic switch positions the work for the agencies, organizations, subsidiaries; ensure publicity rules and implementation plan with all officers, civil servants, employees of the Agency, organization, unit. 
2. Every year, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Council, Chairman of the provincial people's Committee, central cities and agencies, organizations, other units specified in clause 1 2 of this Decree are responsible for directing the construction plans , urge and examine the implementation of plans to convert the position periodically work in the system of agencies, organizations, units under the control of management.  
Article 13. The responsibilities of the Agency, organization, unit 1. The Agency, organization, unit was decentralized management and use of public servants responsible for periodic execution switch positions the work prescribed in this Decree.
2. The head of the Agency, organization, unit is responsible for planning, implementation, testing, and inspection reports issued on the live periodically switch positions the work for public servants under the manage authority was decentralized and take responsibility for his decisions.
Article 14. The responsibilities of public servants in performing periodically switch positions the work of public servants must strictly obey decided to periodically switch the position of the head of the Agency, organization, or unit of authority.
Article 15. The responsibilities of the ministries and local ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central are responsible to report the situation and the results of each year on the implementation of this Decree to the Interior Ministry before 1 December for General the report, the Prime Minister.
Article 16. Handling violation cases of violation of the provisions of this Decree and the other provisions of the law related to the periodic switch positions the work, depending on the nature and extent of the violation, violators will be dealt with according to the provisions of the law.
Chapter 4: article 17 ENFORCEMENT TERMS. In effect, the instructions and check the enforcement 1. The Decree has effect after 15 days from the Post Gazette.
2. Public servants working in the agencies, organizations, units specified in clause 1 2 of this decree had time on work 36 months at the location of the work in the field, the lines of the provisions of article 8 of this Decree, the conversion routine was conducted beginning on 1 April 2008.
3. The Minister of the Interior Manual, check the implementation in December of every year Prime report the implementation of this Decree.
4. the competent authorities of the political organization, social-political organizations Guide and check the implementation of this decree with regard to officials and public servants, employees of the Agency, organization, organizational unit, politics, socio-political organizations.
Article 18. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, agencies, institutions, public organizations and officials responsible for the implementation of this Decree.