Nghị định 62/2020/NĐ-CP về vị trí việc làm và biên chế công chức

DECREE

On job positions and civil servant payrolls

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008 and the Law on amending and supplementing a number of articles of the Law on Cadres and Civil Servants dated November 25, 2019;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree on job positions and civil servant payrolls.

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on principles, bases, responsibilities, competence to decide and adjustment of job positions, structures of civil servant ranks and civil servant payrolls.

Article 2. Subjects of application

This Decree applies to the following agencies and organizations:

1. Ministries, ministerial-level agencies, government-attached agencies, and organizations established by the Government or the Prime Minister which are other than public non-business units.

2. People s Councils and People s Committees of provinces and centrally run cities.

Article 3. Principles of determining job positions and management of civil servant payrolls

1. Compliance with regulations of the Party and the law on job positions, management and use of civil servant payrolls.

2. Being suitable to the functions, tasks, powers and organizational structure of agencies and organizations.

3. Assurance of uniformity and synchrony between determinations of job positions, structures of civil servant ranks and use and management of civil servant payrolls.

4. Ensuring scientificity, objectivity, publicity, transparency, democracy and suitability to reality.

5. Integrating payroll streamlining with restructuring and improving the quality of the contingent of civil servants in agencies and organizations.

Article 4. Bases for determining job positions, civil servant payrolls and structures of civil servant ranks

1. Bases for determining job positions:

a) Functions, tasks, powers and organizational structure of agencies and organizations;

b) The degree of complexity, nature, characteristics and scale of work; scope and subjects of service; professional and specialized management process in accordance with specialized law.

2. Bases for identifying civil servant payrolls

a) Job positions and amount of work of each job position;

b) Level of modernization on facilities and equipment and application of information technologies;

c) Practical use of assigned civil servant payrolls;

d) For local agencies and organizations, in addition to bases as prescribed in Points a, b and c, Clause 2 of this Article, they must also base on the population size, natural area and the number of administrative units at district and commune levels and characteristics of political security, social order and safety.

3. Bases for determining structures of civil servant ranks

a) Job positions;

b) The degree of complexity of work for each job position;

c) Criteria of civil servant ranks corresponding to job positions.

Chapter II

JOB POSITIONS AND STRUCTURES OF CIVIL SERVANT RANKS

Article 5. Classification of job positions

1. Classification of job positions according to the amount of work

a) Job position assumed by one person;

b) Job position assumed by more than one person;

c) Part-time job position.

2. Classification of job positions according to nature and contents of the work

a) Positions for leader and manager;

b) Positions for specialized job;

c) Common professional positions (finance, planning and investment, inspection, legislation, international cooperation, personnel organization, emulation and commendation, offices and a number of specific job positions);

d) Positions for supporting and serving job.

Article 6. Structures of civil servant ranks

1. The structure of civil servant ranks of each agency or organization is the percentage (%) of civil servants who hold ranks suitable to job positions and the degree of complexity of work for each job position.

2. The Minister of Home Affairs shall specifically guide the determination of structures of civil servant ranks.

Article 7. Orders to approve the job position

1. Ministries, ministerial-level agencies, government-attached agencies, and organizations established by the Government or the Prime Minister which are other than public non-business units, People s Committees of provinces and centrally run cities (hereinafter collectively referred to as ministries, branches and localities) shall base on Clause 1, Article 4 of this Decree and guiding documents on job positions issued by the competent authorities to formulate the Scheme on job positions of their agencies and organizations, submit to agencies and organizations specified in Clause 2 of this Article for appraisal.

2. Agencies and organizations assigned tasks on ministries, branches and localities’ personnel organization shall receive dossiers and appraise Schemes on job positions, summarize job positions of agencies and organizations under ministries, branches and localities and submit to the authority competent to decide as prescribed in Clause 3 of this Article.

3. Ministers, heads of branches and localities shall approve job positions in agencies and organizations under their management.

Article 8. Dossiers of proposal, contents and time limit for appraisal of agencies and organizations’ job positions

1. A dossier of proposing a scheme on job positions shall comprise:

a) A written request for approval of a scheme on job positions;

b) A scheme on job positions;

c) A copy of documents of competent authorities on defining the functions, tasks, powers and organizational structure of organizations and agencies; professional and specialized management process according to specialized law.

2. Contents of the scheme on job positions

a) The legal grounds for the formulation of the scheme on job positions;

b) Listing and grouping jobs according to the functions, tasks, nature and degree of complexity of work for each job position in an agency or organization;

c) Determining job positions, including: Job description, capacity framework, civil servant rank for each job position;

d) Summarization of job positions and structures of civil servant ranks of an agency or organization;

d) Recommendations and proposals (if any).

3. Contents of appraisal:

a) The dossier of request for approval of a scheme on job positions;

b) Legal grounds for the formulation of a scheme on job positions;

c) Job positions and structures of civil servant ranks of an agency or organization.

4. Time limit for appraisal

Within 40 working days (for a dossier of request for appraisal for the first time), 25 working days (for a dossier of request for adjustment) from the date on which the sufficient dossier is received, agencies and organizations assigned to appraise the scheme on job positions as prescribed in Clause 2, Article 7 of this Decree must complete the appraisal and submit to the competent authorities for consideration and decision. If the competent authorities require for adjustment or refuse, agencies and organizations assigned to appraise must notify in writing and clearly state the reason.

Article 9. Adjustment of working positions

1. Job positions in agencies and organizations shall be adjusted in the following cases:

a) There is a change in one of the bases as prescribed in Clause 1, Article 4 of this Decree in agencies and organizations;

b) Agencies and organizations are reorganized under decisions of competent authorities.

2. Orders and dossiers of adjustment of job positions in agencies and organizations shall comply with Article 7 and Article 8 of this Decree and documents of competent authorities relating to the adjustment of job positions.

Chapter III
CIVIL SERVANT PAYROLLS

Article 10. Order of approval of the annual civil servant payroll

1. Agencies and organizations under ministries, branches and localities shall base on Clause 2, Article 4 of this Decree and guidance of competent authorities on civil servant payroll norms to elaborate annual plans on payroll of civil servants of their agencies and organizations, send them to agencies and organizations as prescribed in Clause 2 of this Article.

2. Agencies and organizations assigned tasks on official organization of ministries, branches and localities shall receive dossiers and appraise annual plans on civil servant payroll of agencies and organizations; summarize and elaborate annual civil servant payroll plans of their ministries, branches and localities to submit to the Ministry of Home Affairs for appraisal.

3. The Ministry of Home Affairs shall appraise the annual plans on civil servant payrolls of ministries, branches and localities; summarize the annual plans on civil servant payrolls of ministries, branches and localities and submit them to the Prime Minister for approval; decide to assign civil servant payrolls for each ministry, branch or locality after such plans are approved by the Prime Minister.

4. Ministries, branches and localities shall decide to assign civil servant payrolls for each agency or organization under a ministry, branch or locality in the civil servant payrolls assigned by the competent authorities.

Article 11. Contents of an annual civil servant payroll plan

1. The necessity of making the annual civil servant payroll plan.

2. A report on evaluating the assigned work and use of civil servant payrolls of the  year preceding the planning year at the time of planning.

3. Determining the civil servant payrolls of the planning year; together with the statistic and synthesis of civil servant payroll data of the planning year according to Appendix IA or Appendix IB promulgated together with this Decree.

4. Solutions to implementing the civil servant payroll plan after assignment or approval by competent authorities, projected sources of additional and substitute civil servants, implementation of the payroll streamlining policy and its estimated fund.

5. Recommendations and proposals.

Article 12. Dossiers and time limit for sending annual plans on civil servant payrolls

1. A dossier of the annual civil servant payroll plan comprises:

a) Written proposal of the annual civil servant payroll plan;

b) The annual civil servant payroll plan of an agency or organization in accordance with Article 11 of this Decree;

c) A copy of documents of competent authorities and persons competent to decide or approve the civil servant payrolls of the year preceding the planning year.

2. Time limits for sending annual plans on civil servant payrolls

a) No later than June 15 every year, ministries, branches and localities must send dossiers on civil servant payroll plans as prescribed in Clause 1 of this Article to the Ministry of Home Affairs for appraisal.

b) No later than July 20 every year, the Ministry of Home Affairs shall submit to the Prime Minister for approval of the total payrolls of civil servant of ministries, branches and localities.

c) If ministries, branches and localities fail to send the plans on civil servant payrolls on time as prescribed in Point a, Clause 2 of this Article, the Ministry of Home Affairs shall submit to the Prime Minister for consideration and decision on the civil servant payrolls of such ministries, branches and localities with the payroll streamlining rate higher than 1% compared to the payroll streamlining rate according to the annual roadmap.

Article 13. Adjustment of civil servant payrolls

1. The adjustment of civil servant payrolls in an agency or organization shall be considered in the following cases:

a) There is a change in one of the bases as prescribed in Clause 2, Article 4 of this Decree in such agency or organization;

b) Establishing, re-organizing or dissolving an agency or organization in accordance with the competent authorities’ decisions; establishing, dissolving, merging, splitting up or adjusting boundaries of provincial and district administrative units.

2. Dossiers and orders of adjustment of civil servant payrolls

a) Dossiers of adjustment of civil servant payrolls shall comprise: A written request for adjustment of civil servant payrolls; a scheme on adjustment of civil servant payrolls; attached documents related to the adjustment of civil servant payrolls;

b) For the increase of civil servant payrolls or transfer of civil servant payrolls among ministries, branches and localities, such ministries, branches and localities shall send dossiers of adjustment of civil servant payrolls as prescribed in Point a, Clause 2 of this Article to the Ministry of Home Affairs for appraising and submitting to the Prime Minister for decision;

c) For the transfer of civil servant payrolls among ministries, branches, localities and agencies, organizations as prescribed in Clause 1, Article 21 of this Decree, ministries, branches and localities shall send the dossiers of transfer of civil servant payrolls as prescribed in Point a, Clause 2 of this Article to the Ministry of Home Affairs for decision. The Ministry of Home Affairs shall summarize and report to the Prime Minister while submitting to the Prime Minister for approval of the annual civil servant payrolls.

Chapter IV

RESPONSIBILITIES, COMPETENCE TO MANAGE AND DECIDE JOB POSITIONS, STRUCTURES OF CIVIL SERVANT RANKS AND CIVIL SERVANT PAYROLLS

Article 14. Responsibilities and competence of ministers, heads of ministerial-level agencies, government-attached agencies and heads of organizations established by the Government or the Prime Minister which are other than public non-business units

1. To provide guidance on job positions for specialized public servants assigned to manage from the central to local levels; civil servant payroll norms in agencies and organizations in their assigned sectors or domains after reaching agreement with the Ministry of Home Affairs.

2. To build common professional positions for specialized public servants in their assigned sectors or domains and send them to the Ministry of Home Affairs for promulgation.

3. To direct agencies and organizations under ministries and branches to build schemes on job positions or schemes on adjustment of job positions; to appraise schemes on job positions or schemes on adjustment of job positions; to decide or adjust job positions in agencies and organizations under their management.

4. To direct agencies and organizations under ministries and branches to make annual plans on civil servant payrolls or civil servant payroll adjustments; appraise annual plans on civil servant payrolls or civil servant payroll adjustments of agencies and organizations under ministries and branches; to summarize and make annual plans on civil servant payrolls or civil servant payroll adjustments and send them to the Ministry of Home Affairs as prescribed.

5. To decide on the allocation of civil servant payrolls for each agency or organization of a ministry or branch among the civil servant payrolls assigned by the competent authorities.

6. To summarize the structures of civil servant ranks of ministries and branches and send them to the Ministry of Home Affairs as prescribed.

7. At the latest on January 31 every year, to make statistics and reports on job positions and the implementation of civil servant payrolls in agencies and organizations under their management of the preceding year according to Appendix IIA and Appendix IIIA attached to this Decree, send them to the Ministry of Home Affairs for summarizing and reporting to the Prime Minister.

8. To provide guidance and examine the execution of regulations on job positions, structures of civil servant ranks and management and use of civil servant payrolls in agencies and organizations under their management.

9. To inspect, handle violations and settle complaints and denunciations about job positions, structures of civil servant ranks, and manage and use civil servant payrolls in agencies and organizations under their competence in accordance with law provisions.

Article 15. Responsibilities of People’s Councils of provinces and centrally run cities

To decide civil servant payrolls in organizations of the provincial-level and district-level People’s Committees and People’s Councils among the civil servant payrolls assigned by the competent authorities.

Article 16. Responsibilities of People’s Committees of provinces and centrally run cities

1. To direct local agencies and organizations to make schemes on job positions or schemes on adjustment of job positions; to appraise schemes on job positions or schemes on adjustment of job positions; to decide and adjust job positions in agencies and organizations under their management.

2. To direct local agencies and organizations to make annual plans on civil servant payrolls or civil servant payroll adjustments; to appraise annual plans on civil servant payrolls or civil servant payroll adjustments of agencies and organizations under their management; to summarize and make annual plans on civil servant payrolls or civil servant payroll adjustments and send them to the Ministry of Home Affairs as prescribed.

3. To submit the provincial-level People’s Councils for decision on civil servant payrolls in agencies affiliated to the provincial-level or district-level People’s Councils and People’s Committees among civil servant payrolls assigned by the competent authorities and implement after such civil servant payrolls are decided by the People’s Council.

4. To summarize structures of civil servant ranks of agencies and organizations affiliated to the People’s Council and People’s Committee and send them to the Ministry of Home Affairs as prescribed.

5. No later than January 31 every year, to make statistics and reports on job positions and the implementation of civil servant payrolls in agencies and organizations under their management of the preceding year according to Appendix IIB and Appendix IIIB attached to this Decree, send them to the Ministry of Home Affairs for summarizing and reporting to the Prime Minister.

6. To provide guidance and examine the execution of regulations on job positions, structures of civil servant ranks and management and use of civil servant payrolls in agencies and organizations under their management.

7. To inspect, handle violations and settle complaints and denunciations about job positions, structures of civil servant ranks, and manage and use civil servant payrolls in agencies and organizations under their competence in accordance with law provisions.

Article 17. Responsibilities of the Minister of Home Affairs

1. To submit to the Prime Minister for promulgating legal normative documents on job positions, structures of civil servant ranks and civil servant payrolls.

2. To provide guidance on determining structures of civil servant ranks.

3. To provide guidance on job positions for specialized public servants assigned to manage from the central to local levels; common professional positions for specialized public servants at proposals of ministries managing such sectors or domains; civil servant payroll norms in agencies and organizations in their assigned sectors or domains.

4. To submit to the Prime Minister for appraisal of the total of civil servant payrolls, reserve civil servant payrolls and overseas-working civil servant payrolls of ministries, branches and localities.

5. To decide on the allocation of civil servant payrolls for each ministry, branch or localities after being approved by the Prime Minister.

6. To decide on the allocation of overseas-working civil servant payrolls for ministries, ministerial-level agencies and government-attached agencies after being approved by the Prime Minister.

7. To submit to the Prime Minister about the increase of civil servant payrolls for ministries, branches and localities within the scope of reserve civil servant payrolls approved annually by the Prime Minister; to transfer civil servant payrolls among ministries, branches and localities.

8. To decide on the increase of civil servant payrolls for ministries, branches and localities; transfer of civil servant payrolls among ministries, branches and localities after being approved by the Prime Minister.

9. To decide on the transfer of civil servant payrolls among ministries, branches, localities and agencies, organizations as prescribed in Clause 1, Article 21 of this Decree, and summarize, report to the Prime Minister as prescribed.

10. To decide and manage the number of ranks and structures of civil servant ranks upon requests of ministries, branches and localities.

11. To summarize and make a list on job positions, structures of civil servant ranks and civil servant payrolls in the whole country and report it to the Prime Minister.

12. To provide guidance, examine and urge the execution of legal regulations on job positions, structures of civil servant ranks and management of civil servant payrolls for ministries, branches and localities.

13. To inspect, handle violations and settle complaints and denunciations about job positions, structures of civil servant ranks, and manage and use civil servant payrolls within their competence in accordance with law provisions.

Chapter VI
IMPLEMENTATION PROVISIONS

Article 18. Handling of responsibility

Ministers and heads of branches, localities, agencies and organizations that fail to comply with regulations on job positions and payrolls of civil servants in this Decree shall be considered and handled according to law provisions and taken to consider and classify and evaluate the completion of annual tasks; at the same time, they must reimburse the used funds in excess of the number of civil servant payrolls being assigned by competent authorities or used in contravention of the regulations on management and use of civil servant payrolls.

Article 19. Effect

1. This Decree takes effect on July 20, 2020. This Decree replaces the Government’s Decree No. 36/2013/ND-CP dated April 22, 2013 on job positions and structures of civil servant ranks; the Government’s Decree No. 21/2010/ND-CP dated March 08, 2010 on the management of civil servant payrolls and the Government’s Decree No. 110/2015/ND-CP dated October 29, 2015 on amending and supplementing a number of articles of the Government’s Decree No. 21/2010/ND-CP dated March 08, 2010 on the management of civil servant payrolls.

2. By October 31, 2020 at the latest, ministries managing sectors and domains must promulgate documents on providing guidance on job positions for specialized public servants assigned to manage from the central to local levels, civil servant payroll norms in agencies and organizations under their assigned management; the Ministry of Home Affairs shall promulgate the specific guidance on the determination of structures of civil servant ranks.

3. By December 31, 2020 at the latest, ministries, branches and localities must complete and promulgate decisions on job positions of agencies and organizations under their management to replace the Minister of Home Affairs’ decisions on approving the List of job positions of ministries, branches and localities.

Article 20. Transitional provisions

The Minister of Home Affairs’ decisions on approving the List of job positions of ministries, branches and localities shall continue to be implemented until the ministries, branches and localities issue new decisions on job positions in accordance with this Decree.

Article 21. Implementation responsibilities

1. The Central Organization Commission, the National Assembly Office, the President Office, the Supreme People’s Procuracy, the Supreme People’s Court and the State Audit Office of Vietnam shall base on regulations specified in this Decree to provide guidance for agencies and organizations under their management for implementations of job positions and civil servant payrolls.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, heads of organizations established by the Government or the Prime Minister which are other than public non-business units, presidents of People s Councils and chairpersons of the People s Committees of provinces and centrally run cities, and concerned agencies, organizations and individuals shall be responsible for the implementation of this Decree./.

* All Appendices are not translated herein.