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Decree 36/2013/nd-Cp: Regarding The Location Of Jobs And Civil Servant Quota Structure

Original Language Title: Nghị định 36/2013/NĐ-CP: Về vị trí việc làm và cơ cấu ngạch công chức

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Chapter 1.
GENERAL PROVISIONS article 1. Scope of this Decree stipulates that base, principles, methods, sequence, procedure to locate employment and turnover structure of public servants; authority decisions, approve, manage job placement and structure categories of public officials.
Article 2. The object of this Decree shall apply to the Agency, the following organizations: 1. Ministries, ministerial agencies, government agencies, government organizations, the Prime establishment which is not accredited business units.
2. The people's Council, the provincial people's Committee, the district level; the Board of the provincial councils, district level; the specialized agencies in the provincial people's Committee, the district level.
3. The business units of the party, the State, the social-political organizations are regulated servants in leadership, management.
4. The following organizations, bodies apply the provisions of this Decree in determining the location of jobs and civil servant quota structure: a) the Office of the President;
b) Office of the National Assembly;
c) State Audit;
d) people's courts;
the people's Procuracy);
e) the organs of the Communist Party of Vietnam at the Central, provincial, district level;
g) the bodies of socio-political organizations at Central, provincial, district level.
Article 3. Job location, structure and taxonomy of job positions 1. Job location is tied to job title, position, structure and turnover of public servants to identify staffing and public officials in the Agency, organization, unit.
2. The structure of each job position in the Agency, organization, unit includes a job description and competence frames fit to complete the work.
3. position the work are classified as follows: a) the location of the job due to a persons;
b) location of jobs due to many persons;
c) part-time employment positions.
Article 4. The turnover structure 1. The structure of the turnover of each agency, organization, unit rate is the% (percent) public servants keep the turnover in line with the employment position category and respective servants payroll.
2. The Interior Ministry specific instructions defining the structure for categories of public officials.
Article 5. The principle of locating employment and turnover structure public servants 1. Principles determine the location of employment: a) Must match the functions, duties, powers and organizational structure of each agency, organization, unit;
b) ensure objective, scientific, public, transparent and in accordance with conditions of practice;
c) Each job position always associated with a certain officer ranks titles. For job position as leaders, managers, the more leadership titles, management;
d) Must comply with the provisions of the law on the management of public servants.
2. Principles for determining whether the structure of public servants: a) To the base catalog number job placement and staffing targets have been identified;
b) determining whether the title servant of each job position to ensure conformity with the specialized field operations;
c) Must comply with the rules of the highest civil servant quota is applied in each administrative level or each agency, organization, unit;
d) standard base whether public servants and a job description, competency framework suitable for each job position.
Article 6. Determining location of employment and turnover structure public servants 1. Determining location of employment: a) writing functions, duties, powers, organizational structure of the Agency, organization, unit is authorized to enact;
b) nature, characteristics, requires the work of the Agency, organization, unit;
c) scale, complexity of the work; the scope and objects of service, manage; management procedures, processes or perform professional tasks service prescribed by law;
d) the level of modernization of the facility, the equipment, the media work and the application of information technology;
DD) geographical location; the nature, scale, the structure of the population; the pace of economic development and urbanization; the strategy for socio-economic development; the security situation-order;
e) status to the layout, using a team of public servants of the Agency, organization, unit.
2. Determining whether the structure of public servants: a) the employment position category;
b) standard and whether the corresponding officer titles with job placement.
Article 7. The method of determining the location of employment 1. Determining the location of the employment in the Agency, organization, unit is done by the method of synthesis.
2. Locate the following general method is the combination of analytical activities and organizations, job analysis is performed according to the following steps: a) step 1: statistics of work according to the functions and tasks of the Agency, organization, unit (including the implementation of the labor contract mode under the rule of law);
b) step 2: classify the work;
c) step 3: determine the factors of influence;
d) step 4: statistics, reviews the status of the existing team of civil servants (quantity, quality, use, disposition, assigned tasks and results of the Mission);
DD) step 5: determine the category and classification of the job position is required to perform the functions and duties of the Agency, organization, unit (including the work to implement labor contract regimes);
e) step 6: build a job description for each job position;
g) step 7: build the capacity of each bracket location of employment;
h) step 8: determine whether the respective employee (and the title leadership, manage-if available) for each job position has been determined.
3. The Interior Ministry specific instructions on how to locate the work prescribed in clause 1, item 2 article 7 of this Decree.
Article 8. State management content about job placement and structure categories of public servants 1. Issued legal documents about the job position.
2. Regulations and guidelines the method locate employment and turnover structure of public servants.
3. Regulation the competent authorities decide on the approval or the location of employment and turnover structure of public servants.
4. Inspection, checking the implementation of job position, whether the structure of public servants.
5. Statistics, aggregate and report on the location of jobs, the overall volume of public servants.
6. Complaints, accusations and handled the breach of employment position management, employee turnover structure in accordance with the law.
Chapter 2.
The SEQUENCES, procedures to LOCATE EMPLOYMENT and TURNOVER STRUCTURE the article 9. Build the project and job placement quota structure public servants 1. The Agency has the authority to manage the public officials responsible for the direction, instruction, urging the organizations, units of the scope project management position employment and turnover structure of public servants; summing the product of the project to the competent bodies for approval as stipulated.
2. Every year, when there are fluctuations in the functions, duties, powers, structure, apparatus; the nature, characteristics, job requirements, complexity, scale, scope, audience served; the level of modernization of the facility, equipment, means of work, application of information technology, the agencies, organizations, the unit is responsible for the construction project to adjust the location of jobs and civil servant quota structure the Agency has the authority under the rules.
3. The Ministry of the Interior instructed the construction job placement schemes and whether the regulatory structure in this Decree.
Article 10. Evaluation of the project location and the turnover structure

1. Service (Board) held Ministry officials, ministerial-level agencies, government agencies, government organizations, the Prime establishment which is not a public career unit (hereinafter referred to as the Ministry) have a responsibility to help the Ministers, heads of ministerial agencies, heads of government agencies , organized by the Government, the Prime establishment which is not a public career unit conducting project evaluation the employment position and whether the structure of the agencies, the Organization of the Ministry administration; General employment position category, the categories of public servants of the Agency, held in The management. After that, The text posted on Department of the Interior under the rules.
2. The Department of Internal Affairs Department of the provincial people's Committee, the central cities (hereafter referred to as the Department) shall assist the Chairman of the provincial people's Committee conducted the evaluation of proposals for job placement and structure of the overall volume of public officials in the agencies, organizations, units of the people's Council and people's Committee; The people's Council and people's Committee of the district, the County, towns and cities in the province; General employment position category and whether the structure of the agencies, organizations, units of the Department of management, the provincial people's Committee to consider. After that, the provincial people's Committee sent the Interior Ministry according to the regulations.
3. content appraisal: a) profile, sequence, procedure to locate employment as prescribed;
b) the need for and the legal basis of the construction project;
c) job position catalogue, a job description, competency framework is suitable and whether the respective employee structure;
d) conditions of guarantee made after the project is approved.
4. within 30 working days from the receipt of a valid application of the proposals evaluating job placement scheme and the quota structure, bodies, competent organization project assessment and job placement quota structure public officials must complete the evaluation to the Agency to have the authority to sign the text posted on Department of the Interior under given.
Article 11. Profile, the time limit for submitting the project proposal job position approval 1. Profile, including: a) The suggested approval of the project employment position;
b) job placement schemes and whether the structure of public servants;
c) due diligence documents held by the Agency, the competent units;
d) a copy of the decision on the establishment; functions, tasks, powers and organisational structure of the Agency, organization, unit;
DD) the text related to the construction of the project.
2. At the latest on 20 July as annual, ministerial-level agencies, Ministries, government agencies, government organizations, the Prime establishment which is not accredited business units, people's committees of provinces and cities under central send job placement schemes of the Ministry of Interior under the rules.
3. The organs of the Communist Party of Vietnam, the organ of the social-political organization, the Office of the President, Office of the National Assembly, the State Auditor, the Supreme People's Procuratorate, the Supreme People's Court the Authority set forth in article 66 of law officers, public servants, 2008 record of employment placement projects for review , for approval.
4. After the period stipulated in paragraph 2 of this article, if the ministries and localities do not submit record of employment placement scheme prescribed in paragraph 1 of this article, then of course keep a stable number of job placements have been approved by the authority.
Article 12. Adjust the location of employment and turnover structure public servants 1. Adjusting the location of jobs and civil servant in the turnover structure of the Agency, organization, unit is made in the following cases: a) the Agency, organization, unit added, tuning functions, tasks, powers and organisational structure as determined by the competent authority;
b) Agency, organization, unit is reorganized or dissolved by decision of the competent authority;
c) established new, import, share, adjusted the boundaries of administrative units, the provincial district level; the situation of socio-economic development, economic restructuring, the applied science and technology, urbanization, security;
d) nature, characteristics, requirements, complexity, scale, scope management, service management, process expertise, the Agency's business, organization, unit changes according to the decision of the competent authority;
DD) equipment, means of work, the level of modernization of the facility, the application of information technology to the Agency, organization, unit changes according to the decision of the competent authority.
2. The order and procedure of adjusting the location of the work and structure of the overall volume of public officials in the Agency, organization, unit taken as sequence, procedure to locate employment and turnover structure public servants specified in this Decree.
3. for the Agency, organization, unit was established under the decision of the competent authority, the employment position category and the quota structure must be specified since the construction of the scheme established and approved by the authority in the establishment decision.
Chapter 3.
AUTHORITY to MANAGE the LOCATION of JOBS and WHETHER the STRUCTURE of the article 13. The authority of the ministries, ministerial agencies, government agencies, government organizations, the Prime establishment which is not a public career unit 1. Direction to the agencies, institutions, and units directly under the construction project job placement and quota structure public servants specified in this Decree.
2. Evaluation of the employment position category and the quota structure public officials of agencies, institutions, and units; General employment position category and whether the structure of the servants, ministerial-level agencies, government agencies, government organizations, the Prime establishment which is not a public career unit, sent the Interior Ministry according to the regulations.
3. Make the use, management and job placement quota structure public officials in the agencies, organizations, subsidiaries; decentralized management of job placement and structure of the overall volume of public officials in the Agency, held in the Directorate and the equivalent directly.
4. test, inspection of the observance of the regulations on the management of job placement and structure of the overall volume of public officials in the agencies, organizations, units under the control of management.
5. Complaints, accusations and handle breach of the management positions of employment and turnover structure public officials in the agencies, organizations, units of the authority as prescribed by law.
Article 14. The authority of the provincial people's Committee, the city in Central 1. Direction to the agencies, organizations, units and district-level people's Committee building job placement schemes and whether the structure of the Agency, organization, unit specified in this Decree.
2. Evaluation of the employment position category and the quota structure public officials in the agencies, organizations, units of the people's Committee of the provincial people's Committee and district level; General directory of job placement and structure of the officer ranks, the central cities, sent the Interior Ministry according to the regulations.
3. Decentralized or authorized to make the use, management and job placement quota structure public officials in the agencies, organizations, units of provincial people's committees and the people's committees at district level.
4. test, inspection of the observance of the regulations on the management of job placement and structure of the overall volume of public officials in the agencies, organizations, units under the control of management.
5. Complaints, accusations and handle breach of the management positions of employment and turnover structure public officials in the Agency, organization, unit management authority under the provisions of the law.
Article 15. The authority of the Ministry of the Interior

1. The Government, the Prime Minister issued legal documents about the location of jobs, the overall volume of public servants and the highest turnover categories used in State administrative bodies.
2. Approval of the job location and directory structure of the overall volume of public servants as proposed by ministries, ministerial agencies, government agencies, government organizations, the Prime establishment which is not accredited business units, people's committees of provinces and cities under central.
3. Statistics, General directory of job position and whether the structure of the servants, ministerial-level agencies, government agencies, government organizations, the Prime establishment which is not accredited business units, people's committees of provinces and cities under central; Government reports, Prime Minister.
4. Inspection, checking the implementation of the provisions of the law on the management of job position and whether the structure of the servants, ministerial-level agencies, government agencies, government organizations, the Prime establishment which is not public, the provincial people's Committee , central cities.
5. Complaints, accusations and handle breach of the management positions of employment and turnover structure public servants jurisdiction under the provisions of the law.
Article 16. The authority of other bodies 1. The competent organs of the Communist Party of Vietnam, the social-political organization pursuant to the provisions of this Decree and the related texts decided category job placement quota structure and public officials in the agencies, organizations, units of the party, social-political organizations.
2. the authority of the Office of the President, Office of the National Assembly, the State Auditor, the Supreme People's Court, the Supreme People's Procuracy pursuant to the provisions of this Decree and the related texts decided category job placement quota structure and public officials in the agencies , organization, unit under the control of management.
3. The decision on the location of the work and structure of the officer ranks of the Agency, held forth in paragraph 1, paragraph 2 this is simultaneously sent to the Ministry of the Interior to the General synthesis.
Chapter 4.
Article 17 ENFORCEMENT TERMS. Effective enforcement of this Decree in effect enforced since June 10, 2013.
Article 18. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the head of a Government Organization, the Prime establishment which is not accredited, the President of the people's Council, Chairman of the provincial people's Committee, central cities and agencies organizations, the relevant units responsible for the implementation of this Decree.