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Decree 114/2003/nd-Cp: About Officers, Communes, Wards And Towns

Original Language Title: Nghị định 114/2003/NĐ-CP: Về cán bộ, công chức xã, phường, thị trấn

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DECREE: chapter one: GENERAL PROVISIONS article 1. The scope of application of this Regulation Decree on titles, standards, obligations, rights, these things were not done, the mode of policy and personnel management, communes, wards and towns (hereinafter collectively referred to as officers, civil servants and social).
Article 2. Adjustable object the object of this Decree is to regulate the officers, servants specified in point g to point h paragraph 1 and article 1 of the Ordinance, the servant, working in the people's Council, the people's committees, political institutions, political-social organization of social level, including : 1. The person elected to the position by the term (hereafter referred to as dedicated social officers), including the following: a) the Secretary, Deputy Secretary of the Party Committee, the Standing Committee of the Party (where no Deputy Secretary who are dedicated to the work of the party), Secretary, Deputy Secretary of the branch (where not already established social party);
b) Chairman, Deputy Chairman of the people's Council;
c) Chairman, Deputy Chairman of the people's Committee;
d) Chairman National Committee, Secretary of the Communist Youth League, the women's Union President, President of the farmers Association and Chairman of the veterans.
2. Those who are employed, keeping a professional titles, professional-level people's committees in town (referred to as social servants), includes the following titles: a) the Chief of police (where not already arranged regular public security forces);
b) Commander of the military;
c) Office-statistics;
d) cadastral and construction;
financial-accounting);
e) justice-Registrar;
g) socio-cultural.
Article 3. Requirements for officials and civil servants social officers, civil servants and social is the servant of the people, subject to the supervision of the people, should not stop exercising moral qualities, learning to improve their capacity to work and perform well, the public service task assigned to it.
Article 4. Staff management principles, social work officers, social servants put under the unified leadership of party committees at levels, ensuring collective, democratic principles to promote the responsibility of Heads of agencies, organizations, units.
Article 5. The responsibility of the cadres assigned to commune officials and public servants social responsibility to implement the provisions of this Decree; the specific provisions on the mode, standard, policy officer, social worker; the provisions of the Ordinance against Corruption Ordinance practice save, against waste and the other legal texts related to officers assigned.
Chapter 2: the STANDARD of cadres ASSIGNED COMMUNE article 6. Common standards officer, social worker must meet the following criteria: 1. Have the profound patriotism, steadfast goal of national independence and socialism; have the capacity and the people lobbying organizations make available results of party lines, policies and laws of the State;
2. Need to save with integrity, even the indifferent, the skilled Center, dedicated to the inhabitants. No corruption and resolutely fight against corruption. Conscious discipline in the organization. Honestly, not a chance, sticking with the people, are the people of confidence;
3. the level of understanding of the political argument, perspective, the party's lines and policies and laws of the State; qualified, professional, cultural, health and capacity to work effectively in response to tasks.
Article 7. Specific standards officer, social worker must ensure specific standards by the Agency, the competent organization stipulates: 1. specific standards of professional social work in the political organization, social-political organizations due to political organizations, socio-political organizations at the central level.
2. specific standards of dedicated staff working in township-level people's councils and people's committees, standards of public servants by the Minister of Social Affairs regulation.
Chapter 3: RIGHTS and obligations, THESE THINGS are NOT DONE by officials and PUBLIC SERVANTS SOCIAL article 8. The obligation of public officials to grant civil servants, officers of the level of these duties has the following: 1. Loyal to the fatherland of Socialist Vietnam, striving to make the local building development in all aspects;
2. the accepted way, advocates of the party and Government policy, the laws of the State; the duty of the public service in accordance with the provisions of the law;
3. healthy lifestyle, respect people, not bureaucracy, bossy, authoritarianism;
4. Implement strictly the rules, regulation, statute of the Agency, the Organization; preserving and protecting of the; protect State secrets as prescribed by law;
5. Regularly to study advanced level; creative, proactive coordination of the work to complete the task, the service delivered; According to the standard time limits of the regulatory agency, the competent organization management, use of public officers;
6. the model regulations in the democratic basis of the communes, wards and towns; close contact with the people, to join with communities where residents, listen to the opinions of the people and is subject to the supervision of the people;
7. Observance of the maneuver, decided to assign the work of the Agency, the competent organizations; When there are grounds for that decision is contrary to the law, they must immediately report to the decision; in the case of executive decision still must report to level up on directly of the decision and is not responsible for the consequences of the implementation of that decision;
8. Public servants social responsibility before the law on the enforcement of duties, public service; officials and civil servants serving township-level leaders have to be responsible for implementing the tasks, the public service of officers, servants jurisdiction under the provisions of the law.
Article 9. Make regulation work officer, social worker is responsible for implementing the regulations work between the party, the people's Council and people's Committee, the Committee of the Fatherland Front in tackling the important issues and pressing of local.
Article 10. The rights of public servants, servants officers township-level social has the following benefits: 1. Are the annual vacation, holidays and personal vacation under the provisions of the labor code. In the case of reason are not paid vacation, after the consent of the head of the Agency, organization, management and use of officers, civil servants and social;
2. Enjoy the salary and the mode of social insurance, health insurance, public works, training mode, fostering, retrenchment and other regulations;
3. Priority review, examination to work in organizations, State authorities from the district level upwards when qualified and standard;
4. Officers, public servants are also entitled to the benefits prescribed in clause 2 Article 109, 111, 113, 114, article 115, 116, 117 and of the labor code;
5. Have the right to participate in political activities, the society under the rule of law; be facilitated to improve learning, are right to scientific research, creative work; be rewarded when the outstanding accomplishment of missions, the service delivered;
6. Have the right to complain, report, Sue about the work of the Agency, organization or individual that is against the law for her to the Agency, the competent organization in accordance with the law and be responsible before the law about the complaints, accusations and claims that;
7. When the duty, public service laws and the protection of people;
8. Officials and public servants to sacrifice while the duty, the public service was considered for recognition as martyrs under the provisions of the law; injured while conducting their duties, the public service was considered to apply similar mode for wounded soldiers.

Article 11. These officers, public servants are not social work officer, social worker not to do the following: 1. in the work of lazy Chây, shirking or repudiation, public service mission; cause, loss of local solidarity, or arbitrarily dismiss the work;
2. Authoritarianism, bossy, harassment, difficult, troublesome for agencies, organizations and individuals, while solving the work;
3. To establish, join or participate in establishing the Executive management of private businesses, limited liability companies, joint stock companies, partnerships, private hospital, private school;
4. the Party Secretary, the President, the Vice President of the people's Council, the President, the Vice President of the people's Committee was not deployed spouse, father, mother, son, he, his siblings to do the job: accounting and finance, the main-building.
Chapter 4: elections, recruitment, public OFFICIALS USE SOCIAL article 12. Election of officers dedicated to the social level 1. The election of officers dedicated to the level of the people's Council, the people's committees to follow the Council of representatives election law, law on organization of people's councils and people's committees.
2. Election of officers dedicated to the social level of political organization, social-political organizations perform according to the terms of the political organization, social-political organizations.
Article 13. Social worker recruitment 1. Social worker recruitment must be based on the needs of work, location of work, standards and the number of titles need to recruit.
2. People are employed to do public servants must have the moral qualities, and qualified through the examination. The recruitment of public servants in the high, remote areas, borders, Islands or to meet the requirements of building staff, the ethnic minorities can carry through selection.
3. President of the district-level people's committees directing, organizing recruiting public servants recruited under township-level public officials of the provincial people's Committee.
4. People are employed to make the mode enough time 6 months. When the time runs out, the Chairman of people's Committee of social standards and based on the results of the work of the apprentice, if eligible, the proposed Chairman of the people's Committee of the district level review, recruitment decisions; If not eligible for recruitment, the job.
Article 14. Training, fostering, social servant 1. The Agency, the competent organizational management, public officials use social responsibility construction planning, planning for training, refresher training, and the advanced level, the capacity of public officials in grant town.
2. The training of public officials based on the township level planning, planning, standards for each position and the professional standards of individual titles.
3. the cost of training, fostering, social worker due to the State budget. Training mode, fostering, social servants by the Agency, the competent organization regulations.
Article 15. Retrenchment, the 1. Officials and public servants are entitled to social retrenchment and retrenchment mode in the following cases: by implementing Standardization Officer, servant; do not work on holiday eligible retirement mode; There are expectations the resignation and was held at district level, agencies agree. 2. Cadres assigned arbitrarily removed the Township shall be disciplined, not be entitled to retrenchment mode and the other rights, must compensate the cost of training in accordance with the law.
3. In the time being considering discipline or prejudice criminal liability, officers, public servants are not only the township level before deciding to handle.
Chapter 5: REWARDS and TREATS BREACH of article 16. Merit 1. Officer, unrecorded township-level public servants in the performance of duty, the service shall be rewarded according to the following form: a) certificate of merit;
b) merit;
c) honors State;
d) Medal;
DD) the Medal of honor.
2. Compensation of officers, civil servants and social is made according to the provisions of the laws and regulations of the political organization, social-political organizations.
Article 17. Discipline and handle breach 1. The discipline, the Mission for officers who are dedicated to social follow the provisions of the laws and regulations of the political organization, social-political organizations.
2. Officers, social servants violate the provisions of the law, if not yet to the level of prejudice to criminal liability, then depending on the nature and extent of the violation to consider discipline under one of the following forms: a) reprimand;
b) warning;
c) demoted salary;
d) resignation;
DD) fired.
3. social servants were disciplined by reprimand, warning, then was long time raising the salary level for another year.
4. public officials disciplinary township level from rebuke over, not be appointed to a higher position within a period of at least a year, since the disciplinary decision.
5. Officers, civil servants and social loss, damaged equipment, device or other acts causing damage to State property for compensation under the provisions of the law.
6. Officers assigned there were violations of the law while conducting their duties, the service damage to others, they must reimburse the Agency, organization, funds that the Agency, the Organization was compensation for victims in accordance with the law.
7. Officers, social servants violates the law that signs of the blind crime criminal responsibility according to the provisions of the law.
8. public officials being township-level people's courts that imprisonment was not entitled to dismissal probation from the date of the judgment, the decision has the effect of law.
Article 18. Temporary suspension of the work in the time being consider discipline, officers, public servants can be social organs, competent organization of management the decision to temporarily suspend the work if it deems that public servants, officers continue to work can make it difficult for the verification or continued violations. The time limit for temporary suspension not to exceed 15 days, special circumstances may be extended but not exceeding 3 months; expiry of temporary suspension of the work, if not dealt with, then the public was assigned to continue working. Officials and public servants in township-level time suspended the work be paid as prescribed by the Government.
Officials and public servants no township-level errors, then after the temporary suspension of the work, was deployed back to the old work location; the case officer, social servants were disciplined by the form: reprimand, warning, demoted salary depending on the nature and extent of the violation could be reassigned to the location of the old work.
Article 19. Disciplinary authorities 1. The disciplined cadres assigned by the township authorities, governing officials and civil servants decided to follow the procedure: the Council's disciplinary bodies, social organizations reviewed and recommended the Agency, the competent organization of district level decision.
2. The composition and the regulation of specific activity of the Disciplinary Council by the Agency, the competent organization of provincial regulation.
Article 20. Complaints and complaint resolution officer, social worker when the discipline has the right to complain about the decision to discipline themselves to the Agency, the competent organizations; the Agency, the competent institutions have the responsibility to resolve complaints under the provisions of the law.
Article 21. Restoration of the honor, rights when being wrong oan officers assigned is disciplined or prejudice criminal liability that is the agency competent organization, the conclusion is wrong, then was rehabilitated, and rights to compensation for damages under the provisions of the law.
Article 22. Awards and records management discipline

The Agency, the governing officials and public servants social responsibility Awards, records management discipline of public officers.
Decisions about rewards and discipline are saved in the profile officers assigned.
Chapter 6: managing OFFICERS, CIVIL SERVANTS and SOCIAL Article 23. Content management officials and public servants social content management officer, social servants include: 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. Regulation of the number of officers, public servants and township-level guidance;
5. Implementation the management, use and decentralized management of public officials;
6. recruitment regulations issued, the exercise regime for public servants;
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. Perform statistical officer, servant;
10. Inspection, checking the enforcement of regulations on officials and public servants;
11. Directs the Organization, complaint resolution, to report to officials and public servants.
Article 24. Content management-level public servants, officers of the Department of the Interior Ministry of the Interior has the duty and authority to help the Government manage cadres assigned by the Township following contents: 1. The Government of the legal text of public officials;
2. The Government issued and guide implementation of salary mode and the mode of remuneration, reward, or discipline for officials and public servants;
3. the standard rules officials and public servants social;
4. Guide the regulation number of officials and servants;
5. Guide the management and decentralized management of public officials;
6. Guide the construction recruitment regulations, the use of public servants;
7. management of the content, programs, curriculum, training cadres and civil servants;
8. Inspect, examine the implementation of the provisions for public servants;
9. aggregate statistics, the number of officials and public servants.
Article 25. Content management officials and public officials of township-level people's committees to grant the provincial people's Committee management officer, social servants according to the following: 1. the specific decisions of the number of officers, civil servants and social level under the guidance of the Ministry of the Interior;
2. Build recruitment regulation, maneuver, dismissal, retrenchment mode and the officials and servants;
3. Build the content, programs, fostering, updated advanced level; training organization, fostering civil servants;
4. Guide the implementation modes of remuneration policies, reward, or discipline for officials and public servants;
5. Inspection check the implementation of the rules for public officials;
6. Steer the resolution of complaints, accusations against public officials;
7. The provisions on the composition and operational regulations of the Board to discipline public servants;
8. the number of statistics, quality officers, public servants within the province, the central cities.
Article 26. Content management officials and public officials of township-level people's committees at district level people's committees at district level administration officials, public employees social follow the following content: 1. Planning, building planning staffs, servants and incrementally implement Standardization Officer civil servants;
2. Organize the examination or examination, recruitment decisions, maneuver, dismissal, job management and township-level public officials and civil servants, social servant records under the guidance of the provincial people's Committee;
3. Organize the implementation of salary mode and the mode of remuneration policy, for public servants;
4. Organize the cadres and civil servants;
5. The decision to reward, discipline for officials and public servants;
6. Inspection, checking the implementation of the regulations on public officials;
7. Complaints, accusations against public officers as prescribed by law;
8. Statistics, reviews the number, quality officers, public servants within the district, the County, towns and cities in the province.
Article 27. Content management officials and public officials of township-level people's Committee of the people's Committee of social management of township-level public servants social according to the following: 1. To directly manage a team of public servants;
2. Implementation of the regulation on mode, đôí with policy officials and public servants;
3. hịên Real training plan, the cadres and civil servants;
4. To recommend the agency authorized organization commended officers, social servants jurisdiction;
5. Review and recommendation bodies, competent organization of district level of discipline and handle breach against public officials;
6. resolving complaints, accusations against public officers as prescribed by law;
7. number of statistics, quality assessment and the layout, using a team of public servants;
8. The Chairman of the Committee-level township-level people's certificate of merit for public servants.
Chapter 7: terms of the IMPLEMENTATION of Article 28. Effective enforcement of this Decree has effect after 15 days from the date The report and repealed the previous provisions contrary to this Decree.
Article 29. Responsible for enforcement of the Minister of the Interior instructed the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.