Advanced Search

Circular No. 08/2004/tt-Bnv: Guide The Implementation Of Decree No. 115/2003/nd-Cp On 10/10/2003 By The Government On The Reserve Officialdom

Original Language Title: Thông tư 08/2004/TT-BNV: Hướng dẫn thực hiện Nghị định số 115/2003/NĐ-CP ngày 10/10/2003 của Chính phủ về chế độ công chức dự bị

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR guide implementation of Decree No. 115/2003/ND-CP on 10/10/2003 by the Government on the reserve officialdom _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Decree No. 115/2003/ND-CP dated 10 October 2003 by the Government on public modes of the reserve (hereinafter referred to as the Decree No. 115/2003/ND-CP) The Interior Ministry instructions as follows: i. GENERAL PROVISIONS 1. The reserve officer is Vietnam, citizens in payroll, paid from the State budget, who are eligible, are eligible, be employed to supplement staff, servants specified in point b, point c, paragraph 1 article 1 of Ordinance amending and supplementing some articles of the Ordinance civil servants, on 29 April 2003.
2. reserve officialdom is done in the following State agencies: 2.1. The Organization Department of the Office functions, the task of the National Assembly, the Standing Committee of the National Assembly, the Council of nationalities and the Committee of the Parliament, the Committee of the Standing Committee of the National Assembly (except the business units);
2.2. The organizing Chairman of the Office of State President in serving the President perform functions and tasks according to the provisions of the Constitution and the law;
2.3. The organizations help people's Court, people's Procuratorate granted perform functions and tasks according to the provisions of the Constitution and the law (except the business units);
2.4. The institutions help the Ministers, heads of ministerial agencies, government agencies implement state management functions;
2.5. The institutions help the people's Council, the provincial people's Committee, central cities and people's councils, committees, districts, towns and cities in the implementation of State management functionality.
3. The recruitment reserve officer just made for the professional ranks, diploma and equivalent ranks.
II. RECRUITMENT And USE Of RESERVE OFFICER 1. Recruitment the recruitment form côngchức to reserve by the Ministry, ministerial-level agencies, government agencies, provincial people's Committee, the city of centrally done through examination. Admission only for those committed to volunteer work from 5 years and over in these regions are recognized by State is the high, remote areas, borders, Islands or to meet the requirements of building staff, public servants in minority ethnic regions.
2. Conditions and recruitment standards 2.1. People who want to be recruited into the reserve officer in State agencies must have sufficient registration conditions specified in article 5 of Decree No. 115/2003/ND-CP. 2.2. People who are employed on civil servants to be Vietnam nationals and has a permanent address on the territory of Vietnam.
2.3. Application documents include: 2.3.1. A curriculum vitae according to the prescribed form, of the people's committees of communes, wards, towns, place of residence or of the Agency, the organization where the person is the work, learning;
2.3.2. A copy of the birth certificate;
2.3.3. Have enough copies of notarized or certified by the competent authority of the diploma, certificate and table of learning outcomes, in line with the requirements of the overall volume of recruitment (graduate diploma of professional foreign language certificates, as required by the quota application; certificates Office , computer skills). When admitted must present themselves to the test;
2.3.4. a health certificate by the medical authority district level upwards. The health certificate is valid for the duration of 6 months as of submission of the application documents.
2.4. In the process of recruiting organizations, the Agency has the authority to recruit can add a number of other requirements. The additional conditions must be based on the nature and characteristics of the professional expertise required to national quota regulations accordingly.
3. Recruitment 3.1. Recruitment notice must be posted on one of the following mass media: newspaper writing, report says, quote form at the same time must be listed in place of receiving the records.
3.2. content recruitment include: conditions and registration standards, the number of vacancies, the content registration records, time registration and filing location, contact phone number, event, time, location, fee. Time registration applicants must after notification at least 15 days. Time is after the time of registration application at least 15 days.
4. selected organization 4.1. The organization selected by the Council selected a reserve officer of the Agency, the Organization was allocated to spend the reserve officer made under the provisions of article 10 of Decree No. 115/2003/ND-CP. 4.2. The Council selected when making the shortlist must base on the nature and characteristics of activity of the Agency and based on the conditions, employment standards regulation to review the decision.
4.3. for the case of the registration from 100 people and more than 2 times the target was then based on the specific situation, the Council decided to organize recruitment shortlist to pick out the number of eligible persons and the conditions for competition. The list of those who have been selected to more than just goal was at least 2 times. This list is sent documents about the Council employed public officials preparatory to General before organizing the competition.
5. the reserve officer recruitment exam consists of the following tests: 5.1. The State administrative disciplines.
5.2. Information technology Subjects.
5.3. Foreign language Subjects.
6. contest form next to select the person who admitted the case many people have the same total score in final targets are the National Board examination review to choose the successful people according to the following sequence: 6.1. If the Board examination no further examination organization conditions the tests point to higher State Administration will be chosen as the successful people;
6.2. If the Board examination examination examination subjects, then sitting next to select the person who is the subject of the administrative order. If the next test point are equal, then the Board examination will choose people who have a higher level of training is successful people. If the applicant has the same level of training, the person would have resulted in higher learning and graduate professional entrants than quota suit would be successful people.
7. Review the reserve officer 7.1. Officers, ministerial-level agencies, government agencies, people's committees of provinces and cities under central before the Organization review the reserve officer shall make the text sent to the Ministry of the Interior to unify opinions before implementation;
7.2. Content posted on the Interior Ministry to unify opinions include: target, admission standards and conditions of civil servants.
8. the reserve officer is competent management bodies and civil servants assigned to work in agencies, the organization specified in point 2 of part I of this circular and in the people's committees of communes, wards and towns.
9. Duration of the reserve 9.1 officialdom. Duration of the officialdom of the reserve is 24 months, since the recruitment decision.
9.2. During the duration of the officialdom of the reserve, if the reserve officer service in the military after completing military service and returned to continue the layout made officialdom for the time specified.
10. The Mission of the reserve officer in the duration of the officialdom of the reserve, a reserve officer must complete the following tasks: 10.1. Complete the tasks by the Agency using the reserve officer assignment;
10.2. To master and perform the duty of officers, public servants and the public is not made as specified in the Ordinance, public servants;

10.3. Understanding the organizational structure, functions and tasks of the Agency are divisions of the work;
10.4. Make rules and regulations of the Agency's work, the unit;
10.5. The knowledge and skills required on the administrative level, understanding of the quota will be appointed;
10.6. Master the rules related to the work of the position is the work;
10.7. Resolve and perform the work as assigned;
10.8. Draft administrative documents and using computer proficiency;
10.9. The completion of the training program, fostering the reserve officer as prescribed.
11. mode, policy for public servants 11.1 preparation. The reserve officer are paid according to the provisions in paragraph 1, paragraph 2 Article 18 of Decree No. 115/2003/ND-CP and the extra mode level (if any) prescribed by the State.
11.2. When the reserve officer has sufficient time to work by the time the recruitment quota regulations, the agency uses public officials to report in writing to the competent management of public officials to the decision prescribed wage rated for reserve officer and from this point on time to consider raising wages according to seniority.
11.3. time reserve officer perform military service are calculated at the time of raising the salary according to seniority.
12. the Agency's responsibility to use and manage public servants 12.1 reserve. The agency used the reserve officer performs the administrative management, professional expertise and training, fostering mode for the reserve officer, and is responsible for nominating the instructor reserve officer under the provisions of article 17 of Decree No. 115/2003/ND-CP. 12.2. Public servants assigned to guide public servants responsible for reserve help and monitor the reserve officer perform the tasks specified in point 10 of part II of this circular.
12.3. the competent agency managing public servants are responsible for planning and organizing, facilitating the complete reserve officer training program, as specified.
13. Reviews and reserve officer appointed on turnover of 13.1 servants. Every year, a reserve officer must conduct the reviews often prescribed as for public servants.
13.2. When time runs out, a reserve officer must write a self assessment report implementation of its tasks according to the contents: moral qualities; Executive awareness advocates, the way of the party, the law of the State; the Executive sense of discipline, the rules and regulations of the Agency; the results of the task execution time in reserve officialdom sent the agency uses public servants.
13.3. The servant was assigned to reserve officer's Guide reviews and reviews of the implementation of the duty of reserve officer in writing sent agency heads to use public officials according to the contents: moral qualities; the sense of discipline; the results of the task execution time in officialdom.
13.4. The head of the Agency using the reserve officer a written report making competent authorities manage public officials about the results of the Mission of the reserve officer (accompanied by a self-assessment of the reserve officer and a commented review of public servants was assigned to guide public servants in reserve).
13.5. the competent agency managing public servants consider the decision of appointment or non-appointment of a reserve officer on whether public servants.
13.6. after the reserve officer was appointed to the overall volume of public officials, the Agency has the authority to manage public servants work assignment decisions for public servants.
13.7. no reserve officer was appointed to the public whether the competent agency shall recruit rescind employment decisions in accordance with paragraph 4 Article 19 of Decree No. 115/2003/ND-CP. III. Reward, The RESERVE OFFICER DISCIPLINE 1. Compensation reserve officer made under the provisions of article 26 of Decree No. 115/2003/ND-CP. Also a reserve officer was also rewarded according to other regulations of ministries, ministerial agencies, government bodies, or of the provincial people's Committee, the central cities.
2. the reserve officer violated discipline which was disciplined by reprimand or warning, then after 12 months, if corrected defects, completing tasks and not add another wrong is servant using Agency decides to terminate the validity of the disciplinary decisions. Time to enforce disciplinary decisions not seniority, consider raising the wage level if the latter was appointed to the overall volume of public servants.
3. the reserve officer in violation of discipline or violation of the provisions of the law that dealt with the form of dismissal, the head of the Agency using the reserve officer doing text recommend competent agency managing public servants consider the decision (attached to the minutes of the Board of discipline and other records).
4. reserve officer violated the law court that imprisonment was not entitled to probation then naturally was fired. In this case, the agency used public servants doing text recommend competent agency managing public servants a decision forcing retrenchment. The time of dismissal is calculated from the date of the judgment, the decision takes effect.
5. During 30 days, since clearly define or competent authorities concluded the reserve officer in violation of discipline, the agency used a reserve officer must establish the Disciplinary Council to review discipline as prescribed in clause 2 Article 28 of Decree 115/2003/ND-CP. 6. After the Disciplinary Council reviewed and proposed in writing, within 10 days, the head of the agency uses public servants must make decisions to discipline or suggest the Agency has the authority to manage public officials disciplinary decisions as defined in clause 2 article 27 of Decree No. 115/2003/ND-CP. The disciplinary board may consider recommendations fired with a reserve officer in the following cases: 7.1. The reserve officer suffered imprisonment but the Court was entitled to probation or detention not improvement, probation, warning due to violation of the law relating to the public service activity or to violate the laws of the State;
7.2. the reserve officer are in time enforcement of disciplinary decisions that continue to violate the discipline;
7.3. the reserve officer but first offense but the nature and the extent of serious violations;
7.4. The Reserve officials arbitrarily removed the 5 days in 1 month or 15 days within 6 months (incremental) without good reason;
7.5. in case the head of the competent disciplinary decisions have opinions different from the recommendations of the Board of discipline shall, before making a decision, the Authority decided to discipline the Exchange with the Council of discipline. If there are still different opinions then the competent disciplinary decisions and take responsibility for his decisions.
IV. Management Of The RESERVE OFFICER 1. The recruitment task management, ministerial-level agencies, government agencies, provincial people's Committee, the city of centrally managing the work of the reserve officer recruiting includes: 1.1. The Council decided to establish the recruitment to make the organization successful, reserve officer;
1.2. Based on the results of examination, selection, recruitment decisions and work assignment for the reserve officer, and reported the list of reserve officer of the Interior Ministry to monitor. Reporting form number 01 is included herewith;
1.3. the budgetary allocation for the Agency, the unit used the reserve to pay civil servant salaries, social insurance, health insurance and ensure the implementation of policies for the reserve officer.
1.4. The agency used the reserve officer duties and powers with respect to the reserve officer under the provisions of article 25 of Decree No. 115/2003/ND-CP;

1.5. For those who have a master's, PhD have appropriate professional expertise, recruitment registration and pledge long-term service in the Ministry, ministerial-level agencies, government agencies, the central cities, the Ministers, heads of ministerial agencies, government agencies , Chairman of the people's Committee of the central cities, considering the decision to recruit The GK..
2. the management of the reserve officer appointed on turnover of public servants based on writing reviews of the Agency's use of public servants, the Organization Department of the Ministry, ministerial bodies, government agencies or the Department of the Interior of the province's people's Committee, the central cities of doing text recommend Ministers , The heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central city in a decision on whether the recruitment or appointment decision to cancel the hiring decisions and reports list the reserve officer was recruited, appointed to the ranks of the Interior Ministry to monitor. Reporting form number 2 attached to this circular.
3. management of the reserve officer profile: public administration is responsible for establishing and managing the profile of public servants, including:-A testimony to the original history and a resume due to the opening of the reserve according to the prescribed form (attached a copy of the birth certificate);
-The diplomas, training certificates, fostered;
-The decision to recruit, reward, discipline, salary adjustments;
-A review and evaluation of the reserve officer's reserve officer and the Agency's use of the reserve officer;
-Updated the other records generated in the course of the work, the changes in the curriculum vitae;
-The document verification, verification, the conclusions of the competent authority concerning the origin, the process of the work, reward, or discipline, the explanation ...-check the individual points, a justified complaint, report, report of achievements to merit;
-The transfer of the reserve, the agency used a reserve officer must transfer the reserve officer's profile to the new agency to continue to manage.
4. management of statistical mode, report of 31 December In each year, the ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central send report about the Interior Ministry according to the following: 4.1. The quantity, the quality of the reserve team of civil servants according to the subdivisions.
4.2. The work of recruiting public servants.
4.3. The work rewarding, discipline public servants.
4.4. The training, fostering the reserve officer.
V. IMPLEMENTATION 1. Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, central cities are responsible for implementation of this circular.
2. This circular takes effect after 15 days from the date The report.
3. in the implementation process if something stuck, ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central reflection on the Interior Ministry to study the resolution./.