The Decree 95/1998/nd-Cp: On Recruitment, Use And Management Of Public Officials

Original Language Title: Nghị định 95/1998/NĐ-CP: Về tuyển dụng, sử dụng và quản lý công chức

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The DECREE of the Government on recruitment, use and management of the base of the Government Law on organization of the Government on September 30, 1992;
Based on the Ordinance, issued on 26 February 1998;
According to the recommendation of the Minister, head of the Organization-Government officials, Decree: chapter I GENERAL PROVISIONS article 1. The officials said in the Decree include those that have been prescribed in clause 3 and clause 5 article 1 of Ordinance, public servants. Namely: 1-The person was employed, appointed or hold a regular public service, are classified according to the level of training, specialization, one administrative, career, in payroll and paid from the State budget, work in the following bodies: a) the Office of the President;
b) Office c) agencies of the central State, in the central cities, districts, counties, towns and cities in the province;
d) people's courts, the people's Institute Check sat level;
DD) representative of the Socialist Republic of Vietnam;
e) schools, hospitals, scientific research agency of the State: g) press, radio, television and the State's: h) library, the Museum, the House of culture of the State: i) The organization of the State's other career: 2-who are employed, appointed or assigned regular work in the body , people's army units that are not officers, professional military personnel, employees of defense work in the body, the people's public security units that are not officers, non-commissioned officer professional.
Article 2. In this Decree, the terms below are interpreted as follows: 1-"Quota" is just the title. Each function and expression level of turnover of professional expertise, has own standard;
2-"Tier" is just the amount of salary in turnover;
3-"grade" is lifted from the low ranks up high turnover;
4-"quota Transfer" is moved from the ranks of this expertise by industry to public officials according to the specialization of other equivalent;
5-"recruitment" is recruiting people to State authorities after having achieved the results of the examination;
6-"appointment" is the decision formal servant quota arrangements for the satisfactory probationary, who reached grade exams and servant leadership;
7-"the agency uses public servants" is the Agency directly manage and organize work;
8-"competent bodies managing public servants" is allocated to manage the overall volume of public servants;
9-"maneuver" is turning public servants from agencies unit to work in an agency, organization, other units;
10-"dispatched" is the election of public officials to work at the Agency, held in other units within a given time limit at the request of missions, tools;
11-"the time" is the time that people who are employed after the contest anthologies do the responsibilities and tasks of the quota that public servants will be appointed.
Article 3. Public servants are classified as follows: 1-classification by level of training include: a) the servant class A is the servant of qualified professional training from the University;
b) category B officer is the servant of qualified professional training in high school, College and professional;
c) C is the type the servant of servants of professional training at the primary level;
d) type D are servants of servants of professional training in the bottom switch on elementary level.
2-classified according to the location of the work include: a) servant leadership (command and Administration);
b) professional officer.
Article 4. The decentralized management of public officials must be based on the overall volume of public servants and according to the classification of online access rules article 3 of this Decree.
 
CHAPTER II CAREERS, USE the ITEM 1 article 5 EMPLOYMENT CONDITIONS.
1-recruiting public servants are based on job demands, work placement and payroll to be delivered.
People who are employed have to have good moral qualities, meet the professional standards of the turnover and the conditions stipulated in article 6 of this Decree.
2-every year, the agencies, the Organization of the Ministry, ministerial-level agencies, government agencies, other departments, industry, the people's Committee of the district, County, city, or town in the central cities, planning the recruitment offer Ministry, ministerial-level agencies, government agencies, provincial people's Committee , the city approved centrally in payroll targets that ministries, provinces and cities.
Article 6. People who want to be recruited into the ranks must have the following conditions: 1-Vietnam, citizens have permanent address in Vietnam;
2-Years lifetime entrants for men are from 18 to 40 years old; for women from age 18 to 35 years old. Case the applicant was an officer in the armed forces or as employees in State enterprises, the age of recruitment may be higher;
3-have the application, there is a clear history, has the qualifications, certificates of training as required by the quota level entrants;
4-there are enough to take on the health service;
5-Not in the time being prejudice criminal liability, Executive imprisonment sentence, restoration is not imprisoned, on probation, are being applied in educational measures in commune, Ward, subdistrict or take on the basis of healing, the institution.
Article 7. The ethnic minorities, who volunteered to serve in the high, remote areas, Islands, the wounded, the martyr, the hero of the armed forces, labor heroes, those who graduated in the professional training of reaching good type precedence in recruiting.
 
Section 2 ORGANIZING EXAMINATION article 8. Recruiting public servants must pass the exam under examination. Who do not pass the exam don't be employed on the payroll in Agency online access regulations clause 1 article 1 of this Decree.
Article 9. Previous 30 days held examination, the Agency must inform the public about the conditions, criteria, the number of vacancies on the mass media to local people know and register.
Article 10. Exam content servant into the categories of public servants under the professional sector by ministries, ministerial agencies, government agency managing professional building and issued, after a unanimous opinion written by the organizers-Government officials.
Article 11. In the slowest time is 30 days from the end of the examination, the Agency organized the examination must publish exam results and inform the people know.
Article 12. Organizing Committee-responsible government officials issued regulations, instruction, inspection, checking the Ministry, ministerial-level agencies, government agencies, provincial people's Committee, the central cities in the examination.
 
Section 3 hiring, GETTING the article 13. Within the time limit at the latest 30 days after the publication of results, the Agency has the authority to recruit and recruitment decisions according to regulations on wage standards, scales of public officials and reporting on the Organization-Government officials, a list of test results showing the person's wage scales are employed.
Article 14. People who are employed are in the Agency's staffing targets, organization, unit was authorized agency distribution and must have a score of each test section reaching from 5 points or more on a scale of 10 points. The successful person is the person is calculated from the total score for the highest payroll targets.
Article 15. In the latest period is 30 days from the date of the decision to recruit, who was recruited to the Agency, if the hiring decision in no other time limit rules.

Cases of people being employed are the reason that can not get the time to make the proposal to extend the period and must use the agencies agree. The case of the recruitment decision to get the slow time and there is no reason then, the Agency has the authority to recruit public servants decide to cancel the hiring decision.
 
ITEM 4 APPRENTICE, appointed by article 16. People who are employed on civil servants must pass the time. The time is calculated from the day the person who is the employer: 1-for the type A, the time of 12 months, private public servants is the doctor is nine months;
2-for the class B, the time is 6 months;
3-for the class C, the set time is 3 months.
Article 17.
1-use of public servants have a responsibility to guide the apprentice on functions, tasks, rules, regulation of the Agency; the relationship between the unit in the Agency and related agencies;
2-use the public officials responsible for the election of a servant of the same grade have the capacity and experience of career service guide and the apprentice.
Article 18.
1-during the episode, the episode really enjoyed 85% starting wage coefficient of turnover was recruited and other interests such as public officials in the Agency.
2-Who are recruited to work in the high, remote areas, Islands or work in the industry, the profession of toxic hazard, then during the episode entitled 100% starting wage coefficient of turnover are recruited and are entitled to allowances and preferential policies according to common rules.
3-public servants are the Agency, organization, unit assigned to guide the apprentice prescribed in clause 4 Article 17 of this Decree was entitled responsibility allowance factor 0.3 compared to the minimum wage in time guide the apprentice.
Article 19.
1-most of the time, the apprentice must pull the results report; the instructor must have a comment, reviews the results with respect to the apprentice, the report with the view to use public officials.
2-the head of the agency uses public servants ethical qualities evaluation and results of the work of the apprentice. If the pull over the reach of quota requirements, then suggest the Agency has the authority to manage public servants appointed by the official decision on the quota.
3-in the case of unsatisfactory apprentice of the quota, then the head of the agency uses public officials suggest the Agency has the authority to manage public officials cancelled the recruitment decision.
Article 20. During the busiest periods, if the fourth violation of the Agency's work rules and regulations of the law, depending on the nature and extent of the violation, the head of the agency uses public officials suggest the Agency has the authority to manage the decision to cancel the hiring decision.
Article 21. After the episode, if the person was not appointed to the quota, then the current wage 01-subsidized influence and money train cars on residence.
 
Section 5 grade QUOTA TRANSFER Article 22. The grade civil servants must pass the exam grade.
Article 23.
1-The review grade for public servants is based on needs, the Agency's work location where public servants are working.
2-public servants involved grade must have enough diplomas, training certificates, and other necessary conditions as specified in the test ranks and selected Council of ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities of election to join the competition.
Article 24. Every year the Ministry, ministerial-level agencies, government agencies, people's committees of provinces and cities under central planning, the target grade and sent to the organizers-Government officials to allocate target for competition.
Article 25.
1-ministries, ministerial agencies, government agencies, people's committees of provinces and cities under Central Council selected to assess the ethical qualities, achievements and skills public servants to elected civil servants exam grade.
2-the Council has selected 12 hoặch 7 members, including: a) in central agencies: the President of the Council is a leader in the Ministry, ministerial-level agencies, government agencies: Deputy Chairman of the Council's Director of personnel (or equivalent) of the Ministry, ministerial-level agencies, government agencies;
The Commissioner included some Director specialized in ministries, ministerial agencies, government agencies.
b) in the province, central cities: President of the Council is a provincial people's Committee, the central cities;
The Vice President of the Council is head of provincial government organizations, central cities.
The Delegation includes a number of specialized Department Director (or equivalent) of the province, the central cities.
Article 26. In the latest period is 30 days from the date of publication of results of the exam grade, matriculation was appointed the successful quota and quota of the wage coefficient is rated.
Article 27.
1-public officials move from the professional ranks to the professional ranks or officers working in State enterprises are employed and salaries in the overall volume of public officials before issuing the Decree 18/CP dated 23 May 1993 of the Government of the temporary regulations of new salary mode in enterprises which are welcome on administrative areas in the career , it must meet the professional standard, professional, and moved to their quota in the payroll allocated by the Agency.
2-use public officials when receiving the moving Board must establish whether the test to measure proficiency, competency of public servants. If public servants meet professional standards of the new quota, the agency uses public servants receive, out decides to appoint as authorized or recommended the Agency has the authority to appoint public servants management.
3-check the Council has 5 or 7 members, including: President of the Council is head or Deputy Head of the Agency;
The Vice President of the Council is head of Division personnel;
The Delegation members include some of the leaders of the Professional Division, some public officials have the competence, professionalism in the work of the same or higher turnover turnover.
4-check the Council has the task: review the qualifications, certification training, fostered at the request of the new quota, writing reviews on business process review of the former agency.
Interview public officials whether the transfer of knowledge, political awareness, social, expertise;
Check the quota transfer written documents at the request of quota duties;
Check Board meeting reviews results; If it deems satisfactory servants then suggest the Agency has the authority to appoint public servants management on turnover.
5-When considering whether the transfer not been combined, grade level raising.
 
ITEM 6 MANEUVER, SECONDED to article 28.
1-the competent authorities managing public servants have the right to public officials to work at the Agency, organization, local or central unit according to call of duty, public service.
2-The run function is implemented in the following cases: a) enhance, Supplement to the Agency, organization, unit number, the quality team of public servants to ensure completion of tasks;
b) made public the rotation between Central and local levels, between sectors, the field according to the planning team of public servants.
When the maneuver servant notes look to the family situation and the operation itself.

3-the operation of working in the high, remote areas, Islands in addition to the application of the preferential policy, also enjoyed a number of other incentive policies according to the General rules of the State.
Article 29.
1-due to the call of duty, public service, the Agency has the authority to manage public officials elected public officials seconded to work has a time limit in an agency, organization, unit. The time limit for delivery of election not more than 3 years.
2-The candidate seconded public officials were made in the following cases: a) due to the sudden, urgent tasks which don't yet have the ability to run;
b) because of the needs addressed in a certain time.
3-public officials was dispatched under the assigned task of the Agency, organization, where the unit was sent to. Election organization agencies seconded public officials are responsible for paying the salary and other benefits guaranteed by public servants seconded.
4-servant was dispatched to the region, the region of remote areas, islands that enjoy preferential policies according to the General rules of the State.
5-evaluating public servants seconded by the Agency using the implementation. The text reviews civil servants seconded to be posted on the election agency dispatched to save in personal profiles.
Article 30. Public servants take on the following tasks when not accept tasks, arranged the work according to ability, interests, industry, his professional career and be sure the mode, the policy prescribed by law: 1-elected, appointed, approval held by tenure in the Congress Agency The Government, the people's Court, the Supreme People's Procuratorate, people's committees and people's Councils of all levels.
2-election held specialised in the Vietnam Communist Party organ, the Vietnam Fatherland Front, the Vietnam General Confederation of labor, the Communist Youth Union Ho Chi Minh, Vietnam Women's Union, collective farmers, Vietnam Veterans Association;
3-was appointed to the position is dedicated to members of the Management Board, the Director General, Deputy Director General, Director, Deputy Director, Chief Accountant of State enterprises or enterprises with investment capital of the State;
4 to perform military service.
 
CHAPTER III MANAGEMENT of the article 31. The Organization-Government officials are helping government agencies manage about public officials whose mission: 1 to build Law project, the Ordinance on civil servants to the Government submitted to the National Assembly, the Standing Committee of the National Assembly;
2-building process of the Government planning, planning and team building training, fostering a team of public servants;
3-building the Government issued the regime and salary policies, other remuneration regime for public servants;
4-number management, appointment, and promotion of wage revision for senior public servants (senior professional and equivalent ranks);
5-issued the regulation on examination, grade and regulation reviews public servants;
6-issued, modified, supplemented the titles and the professional standards for categories of public servants as proposed by the ministries, ministerial agencies, government agencies;
7-build target staffing process of Prime and manage payroll number of public servants in the Government management in the country.
8-chaired the organization from the main professional grade up expert and other equivalent ranks;
9-organizing the statistics public officials in the country;
10-inspection, check the local ministries, and the basis of the implementation of the provisions of the State on public servants;
11-direction, the Organization addressed the complaints, accusations against public officials as provided by the law on complaints and denunciation.
Article 32. Ministries, ministerial agencies, government agencies have the duty to: 1-manage the number, appointment, and promotion of wage revision for public officials from major professional ranks and equivalent back down;
2-building and suggested the Organization-Government officials issued the professional standards of the overall volume of public servants by industry expertise and implementation guidelines;
3-organizing the examination, training, fostering public servants as stipulated by the Government;
4-grade from rolling up the staff, from the rolled up expert, from expert up and the other equivalent ranks;
5-allocation targets, manage payroll, salary Fund and implement the policies of other remuneration for civil servants in the institutions by the Ministry, the direct management of industry;
6-organize the official turnover statistics expert in the country and public servants in the institutions by the Ministry, the direct management of industry;
7-instructions, inspection, checking the enforcement of the provisions of the State on public servants in the professional sector in both the water and public servants in the scope of management of the ministries;
8-complaints, accusations against public officials as provided by the law on complaints and denunciation.
Article 33. Ministries, ministerial agencies, government agencies assigned to manage the public turnover by industry professionals as follows: 1-the Organization-Government officials whether the management public servants administrative sector expertise, the storage sector;
2-State inspection quota management industry expertise officer Inspector;
3-the Finance Ministry commissioned professional officer management in the financial sector;
4-the Department of Justice commissioned the management expertise of the judicial sector;
5-State Bank of quota management of professional banking officer;
6-General Department of customs quota management professional customs officer;
7-the Ministry of agriculture and rural development commissioned professional officer management agriculture, irrigation, Rangers;
8-The building commissioned professional officer management in the construction industry;
9-Ministry of science, technology and the environment whether the management public servants professional technical sciences;
10-General Department of meteorology hydrology quota management public servants Hydrometeorogical industry expertise;
11-the education and training of commissioned professional officer management education training;
12-the Ministry of health civil servant quota management health sector expertise;
13-the Ministry of culture and information from professional servants quota management in the cultural sector information;
14-Sport Committee commissioned management professional officer sports industry;
15-national reserve quota management public servants national reserve industry expertise.
Article 34. Ministries, ministerial agencies, government agencies are government servants quota management by industry expertise stipulated in article 33 of this Decree are responsible to perform the following content, after organizers with comments-Government officials: 1-civil servant exam content on the professional ranks;
2-content grade servant of the professional ranks prescribed in paragraph 4 to article 32 of this Decree;
3-the content and organization of the training, fostering public servants the professional ranks;
4-the content and organization of the States grade civil servants according to the industry by the Ministry of industry, professional management.
Article 35. The people's committees of provinces and cities under central (hereinafter referred to as the Department) have the task of: 1-governing public officials from major professional ranks and equivalent back down;
2-the allocation targets, manage payroll and payroll funds public officials in the province;
3-mode implementation of salary and other remuneration policies for public officials in the province;
4-organizing the examination, grade from rolling up the staff, from the rolled up expert and the other equivalent ranks according to the General rules and the content of The exam whether the management public servants under the professional sector;
Training organization, fostering public officials under the General rules;
5-organization of public statistics in the scope of management of the Department;
6-instructions, inspection, checking the enforcement of the provisions of the State on public servants in the scope of management of the Department;
7-complaints, accusations against public officials within the administration under the provisions of the law on complaints and denunciation.

Article 36. The agency uses public servants have the duty to: 1-organization use and assigned the correct categories of servants, job placement and strictly implement article 16, 17, 18, 19 and 21 of this Decree.
2-implementation of the provisions of the law on public servants, the policies, the State's regime for public servants;
3-to propose to the competent agency managing public servants the requirements on recruitment, appointment, whether the transfer grade, maneuver, seconded, to outside the quota, fostering training for public officials in the Agency;
4-reviews in public servants the right to use under the provisions;
5-inspection, checking public officials on the implementation of the provisions of chapter III of the Ordinance, public servants;
6-statistics and reports the situation of public servants administered for public administration level above prescribed;
7-complaints, accusations against public officials in the scope of management bodies;
8-execution of the rewarding discipline public servants jurisdiction and suggested the authority rewarded, discipline as prescribed.
Article 37. The agency uses public servants and keep personal records of public officials. All the happenings in the course of the work of public servants from being recruited, appointed to the finishing work should be made and stored in the public records office.
The creation and retention of public records under the guidance of the Organization-Government officials.
 
CHAPTER IV Article 38 ENFORCEMENT TERMS.
1-this Decree shall take effect after fifteen days from the date of signing.
2-this Decree replaces Decree No. 24/CP on November 8, 1962 the Government Council issued charters to recruit workers, State officials and decision No. 258/TTg dated July 15, 1975 by the Prime Minister on the regime for people are employed in State agencies.
Article 39. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.