Thông tư 11/2014/TT-BNV về nghiệp vụ chuyên môn các ngạch công chức hành chính

CIRCULAR

Providing for the titles, rank codes, professional and specialized standards of civil servant ranks in administrative sector

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;

Pursuant to the Government’s Decree No. 24/2010/ND-CP dated March 15, 2010, providing for the recruitment, employment and management of civil servants;

Pursuant to the Government’s Decree No. 58/2014/ND-CP dated June 16, 2014, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

At the proposal of the Director of the Department of Civil Servants - Public Employees;

The Minister of Home Affairs promulgates the Circular providing for the titles, rank codes, responsibilities, duties, specialized and professional standards of civil servant ranks in administrative sector as follows.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the titles, rank codes, responsibilities, duties, and specialized and professional standards of civil servant ranks in administrative sector.

Article 2. Subjects of application

This Circular applies to specialized administrative cadres and civil servants working in agencies and organizations of the Communist Party of Vietnam, the State, or socio-political organizations at the central, provincial and district level, and public non-business units (hereinafter referred to as administrative agencies and organizations).

Article 3. Titles and rank codes of specialized administrative civil servants include:

Article 4. General criteria of qualities

a) Showing great political courage, being persistent with Marxism-Leninism and Ho Chi Minh’s ideology, firmly grasping the guidelines and policies of the Communist Party; proving loyalty to the Fatherland and the Constitution of the Socialist Republic of Vietnam; and protecting the interests of the Fatherland and the people;

b) Fully performing the obligations of civil servants as prescribed by law provisions; strictly observing the duties assigned by superiors; complying with laws and maintaining administrative rules, discipline and order; and being exemplary in compliance with workplace conduct rules and regulations;

c) Upholding dedication, high sense of responsibility, integrity, honesty, objectivity, impartiality and exemplary character upon performing official duties; showing politeness, good manners, respect and obeying professional etiquette upon communicating and serving the people;

d) Leading a healthy, modest and social life; holding ethical values such as diligence, thrift, integrity, righteousness and impartiality; not taking advantage of official position to seek personal interests; preventing bureaucracy, corruption, extravagance and misconduct;

dd) Having awareness of continuous learning and training to improve professional conduct, qualification and capacity.

Chapter II

RESPONSIBILITIES, DUTIES, PROFESSIONAL AND SPECIALIZED STANDARDS OF CIVIL SERVANT RANKS IN ADMINISTRATIVE SECTOR

Article 5. Senior specialist rank

1. Responsibilities

Persons reaching the rank of senior specialist are administrative civil servants subject to ultimate professional qualification and competency requirements concerning one or several areas in administrative agencies and organizations at the provincial or higher level; assume the prime responsibility for advising on, constructing or planning macro policies and strategies applicable to the relevant sectors, industries or localities; direct and implement the regimes and policies.

2. Duties

a) Assuming the prime responsibility for formulating and perfecting institutions or legal documents, socio-economic guidelines and policies, projects, programs and projects of strategic political, economic, security, defense, cultural and society significance of ministries and sectors on a nationwide scale, or general socio-economic schemes, programs and projects of provinces and centrally-run cities;

b) Directing, guiding and examining the implementation of professional management institutions and proposing measures and solutions for effective implementation. In special cases, directly performing official and other duties assigned by their superiors;

c) Taking charge of reviewing, evaluating and proposing plans to amend, supplement and enhance the effectiveness and efficiency of management activities;

d) Assuming the prime responsibility for conducting study on scientific research proposals and projects at the ministerial and provincial level in order to renew and perfect management mechanisms, improve the effectiveness and efficiency of the operation of agencies and organizations, and support the implementation of the Communist Party’s guidelines and policies and the State’s laws;

dd) Assuming the prime responsibility for compiling and constructing professional guidance documents of sectors and industries; organizing specialized training or refresher courses or courses on dissemination of knowledge and experience regarding sectors and industries.

3. Specialized and professional competence standards

a) Firmly grasping and comprehensively understanding the guidelines and policies of the Communist Party and laws of the State; development orientations, strategies and policies of sectors and industries falling within their remit;

b) Mastering and understanding knowledge of state administrative management, state management of industries and sectors, and law provisions on the regime of public duties and civil servants;

c) Firmly grasping the development status and trends of domestic and international industries or sectors falling within their remit; conducting researches in service of information management and processing;

d) Having the ability to propose and advise on planning policies, presiding over the formulation of bills, draft ordinances, schemes and programs associated with the professional expertise in relevant sectors and industries to submit them to competent authorities for consideration and decision;

dd) Being proficient in and having a good command of skills in drafting, presenting, defending and directing the formulation and implementation of projects, schemes and programs related to state management;

e) Having the ability to analyze, synthesize, systematize and propose methods of improving or solving practical problems and challenges within their remit in relevant industries, sectors or localities;

g) Having the ability to organize and direct the application of scientific and technical advances to improve and enhance the quality and efficiency of work in relevant industries, sectors or localities;

h) With regard to civil servants participating in examinations for promotion to the rank of senior specialist, they must be the persons who have assumed the responsibility for formulating and submitting at least 02 (two) legal documents to competent authorities for approval, or have assumed the responsibility for studying and developing at least 02 (two) scientific research projects, schemes or programs at the ministerial or central level which are successfully tested, or have assumed the responsibility for formulating at least 02 (two) specialized or general economic, cultural or social projects, schemes and programs at the provincial level which are successfully tested by competent authorities;

i) Having professional experience in the domain of administration, public duties or in leadership and management activities. Civil servants participating in examinations for promotion to the senior specialist or equivalent rank must have at least 5 years’ (60 months’) experience in holding the principal specialist or equivalent rank, including at least 2 years’ (24 months’) experience in holding the principal specialist rank.

4. Training and retraining qualification standards

a) Obtaining undergraduate or higher degrees in majors relevant to their sectors and areas of work;

b) Obtaining certificates in advanced political theory courses;

c) Possessing certificates of completion of professional training in state management for the rank of senior specialist;

d) Possessing certificates of foreign language proficiency equivalent to level 4 according to the Framework  of Reference for Foreign Languages as prescribed in the Circular No. 01/2014/TT-BGDDT dated January 24, 2014 of the Ministry of Education and Training, promulgating the 6-level Framework of Reference for Foreign Languages in Vietnam;

dd) Possessing graduate certificates in computer science at the level corresponding to the basic standards for information technology literacy skills as prescribed in the Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications, providing for standards for information technology literacy skills.

Article 6. Principal specialist rank

1. Responsibilities

Persons reaching the rank of principal specialist are administrative civil servants subject to high professional qualification and competency requirements concerning one or several areas in administrative agencies and organizations at the district or higher level; assume the responsibility for performing one or several complicated tasks in agencies and units; advise on, sum up, formulate or organize the implementation of regimes and policies applicable to the relevant sectors, industries or localities.

2. Duties

a) Assuming the prime responsibility for or participating in activities of studying, formulating and implementing strategies, regimes and policies; building and perfecting institutions and mechanisms for state management falling within their range of professional competency and proficiency on a nationwide, provincial and district scale;

b) Assuming the prime responsibility for studying and formulating professional management regulations and regulations applicable to sectors, industries or localities;

c) Organizing, guiding, monitoring and inspecting the implementation of professional regimes and policies; proposing measures to improve the effectiveness and efficiency of management of sectors, industries or agencies at the district or higher level;

d) Assuming the prime responsibility for or participating in the organization of professional activities; compiling reports, keeping statistics on, managing archival records, implementing professional processes and procedures; synthesizing, reviewing and perfecting management mechanisms and policies;

dd) Assuming the prime responsibility for studying on projects and schemes on professional management, reforming the management contents and improving the effectiveness of management approaches;

e) Directly performing public duties and other tasks assigned by superiors

3. Specialized and professional competence standards

a) Firmly grasping the guidelines and policies of the Party and the laws of the State; political systems and organizational structures of state agencies, regimes of public duties and civil servants, and specialized and professional knowledge and skills falling within their remit;

b) Assuming the prime responsibility for and organizing the formulation and completion of institutions; constructing legal documents guiding the implementation; formulating schemes, projects, work programs;  and making assessment of economic and social impacts on policies to be promulgated;

c) Being proficient in drafting administrative documents according to the correct forms, processes, procedures and authority; presenting and defending opinions and recommendations; and fulfilling assigned monitoring and management tasks;

d) Guiding and implementing the regimes, policies and regulations on state management within their remits or localities where they are working; implementing and proposing inspection and assessment measures;

dd) Organizing the coordination in,  inspection and review of implementation of policies applicable to relevant sectors, industries or localities;

e) Grasping the development status and trends of domestic and international industries or sectors falling within their remit; conducting researches in service of information management and processing;

g) With regard to civil servants participating in examinations for promotion to the rank of principal specialist, they must be the persons who have assumed the responsibility for formulating at least 01 (one) legal document, or have assumed the responsibility for studying and developing at least 01 (one) scientific research project, scheme or program at the ministerial, central, provincial or district level, which is promulgated or successfully tested and accredited before being put to use by competent authorities;

h) Having professional experience in the domain of administration, public duties or in leadership and management activities. Civil servants participating in examinations for promotion to the rank of principal specialist must have at least 5 years’ (60 months’) experience in holding the specialist or equivalent rank, including at least 3 years’ (36 months’) experience in holding the specialist rank.

4. Training and retraining qualification standards

a) Obtaining undergraduate or higher degrees in majors relevant to their sectors and areas of work;

b) Possessing certificates of completion of professional training in state management for the rank of principal specialist;

c) Possessing certificates of foreign language proficiency equivalent to level 3 according to the Framework of Reference for Foreign Languages as prescribed in the Circular No. 01/2014/TT-BGDDT dated January 24, 2014 of the Ministry of Education and Training, promulgating the 6-level Framework of Reference for Foreign Languages in Vietnam, or certificates of ethnic language proficiency for job positions requiring the good command of ethnic language;

d) Possessing graduate certificates in computer science at the level corresponding to the basic standards for information technology literacy skills as prescribed in the Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications, providing for standards for information technology literacy skills.

Article 7. Specialist rank

1. Responsibilities

Persons reaching the level of specialist are administrative civil servants subject to basic professional qualification and competency requirements concerning one or several areas in administrative agencies and organizations at the district or higher level; assume the responsibility for advising on, summing up or implementing the regimes and policies applicable to the relevant sectors, industries or localities.

2. Duties

a) Formulating plans, planning schemes and specific regulations for the implementation of state management tasks falling within their remit; engaging in the development of mechanisms and decisions specific to areas of management in accordance with law provisions and actual situations;

b) Studying and handling specific issues under their competence or providing counsels to solicit competent authorities for decision on handling such specific issues; cooperating with their colleagues to carry out related jobs;

c) Guiding, monitoring, urging, inspecting and proposing measures to implement management regulations or decisions to ensure effectiveness;

d) Participating in inspecting, collecting information, keeping statistics, managing records and archiving data in service of coherent, accurate and legitimate state management;

dd) Actively coordinating with relevant units and other civil servants in performing assigned tasks, and properly implementing their assigned competence and responsibilities;

e) Summing up situations, conducting the analysis and assessment of work performance and sending reports to superiors;

g) Consolidating public opinions and submissions regarding issues falling within their remit to take them into consideration before making their recommendations to superiors. Directly performing public duties and other tasks assigned by superiors.

3. Specialized and professional competence standards

a) Firmly grasping law provisions, regimes and policies of sectors and industries, and basic knowledge regarding their assigned areas or specialization;

b) Fully understanding management objectives and objects, management principles and mechanisms within their remit; understanding the basics of psychological science, management science; and scientific management;

c) Clearly grasping the process of formulating specific plans and decisions and have a good command of their assigned areas; possessing skills in drafting documents and making presentations on their assigned researches and counsels;

d) Having methods of studying, reviewing, proposing and improving management activities; having the ability to work independently or in a team; having the ability to finish work on time and in accordance with quality and efficiency requirements;

dd) Having a good command of the practical situation and socio-economic context of management tasks under their assigned field; grasping the development trend of domestic industries and sectors;

e) With regard to civil servants participating in examinations for promotion to the rank of specialist, they must have at least 3 years’ (36 months’) experience in holding the technician or equivalent rank. In cases of holding the employee or equivalent rank at the time of application, civil servants must have at least 5 years’ (60 months’) experience in holding this rank.

4. Training and retraining qualification standards

a) Obtaining undergraduate or higher degrees in majors relevant to their sectors and areas of work;

b) Possessing certificates of completion of professional training in state management for the rank of specialist;

c) Possessing certificates of foreign language proficiency equivalent to level 2 according to the Framework of Reference for Foreign Languages as prescribed in the Circular No. 01/2014/TT-BGDDT dated January 24, 2014 of the Ministry of Education and Training, promulgating the 6-level Framework of Reference for Foreign Languages in Vietnam, or certificates of ethnic language proficiency for job positions requiring the good command of ethnic language;

d) Possessing graduate certificates in computer science at the level corresponding to the basic standards for information technology literacy skills as prescribed in the Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications, providing for standards for information technology literacy skills.

Article 8. Technician ranks

1. Responsibilities

Persons reaching the rank of technician are administrative civil servants subject to tasks requiring technical expertise in administrative agencies and organizations, assume the responsibility for assisting in leadership and management, or support and serve civil servants at higher ranks, and perform statistics, synthesis and reporting as assigned by superiors.

2. Duties

a) Participating in, supporting and serving the implementation of public duties and tasks, including specific tasks such as formulating and implementing professional plans based on regulations on management of sectors, industries or localities;

b) Performing assigned tasks; providing analysis and assessment of effectiveness and timely reporting according to the requirements and objectives of management;

c) Detecting and proposing solutions to promptly correct shortcomings in the process of performing public duties of managed objects, ensuring the strict and effective implementation of management regimes, policies and decisions.

d) Participating in the formulation and implementation of document management regime, keeping statistics and archiving complete and accurate documents and data in accordance with task requirements.

3. Specialized and professional competence standards

a) Grasping the professional principles, regimes, rules, procedures and guidelines, management objectives of sectors and industries; policies of direct leaders;

b) Firmly grasping the principles, order and procedures of administrative operations of the state apparatus;

c) Understanding the nature and operation characteristics of management objects and management operations;

d) Having the ability to draft professional guidance documents and participate in the implementation according to the direction of superiors;

dd) Being able to use office equipment and other equipment;

e) With regard to civil servants participating in examinations for promotion to the technician or equivalent rank, they must have at least 3 years’ (36 months’) experience in holding the employee or equivalent rank.

4. Training and retraining qualification standards

a) Obtaining intermediate or associate or higher-level degrees in majors suitable to the job position requirements;

b) Possessing certificates of completion of professional training in state management for the rank of technician;

c) Possessing certificates of foreign language proficiency equivalent to level 1 according to the Framework  of Reference for Foreign Languages as prescribed in the Circular No. 01/2014/TT-BGDDT dated January 24, 2014 of the Ministry of Education and Training, promulgating the 6-level Framework of Reference for Foreign Languages in Vietnam;

d) Possessing graduate certificates in computer science at the level corresponding to the basic standards for information technology literacy skills as prescribed in the Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications, providing for standards for information technology literacy skills.

Article 9. Employee rank

1. Responsibilities

Persons reaching the rank of employee are administrative civil servants performing execution tasks in administrative agencies and organizations, and serving the activities of agencies and organizations at the district or higher level.

2. Duties

a) Assuming the responsibility for specific tasks such as photocopying and duplicating papers and documents; receiving, registering and transferring incoming and outgoing documents in accordance with regulations of agencies and organizations;

b) Checking the document format and reporting incorrect documents to direct leaders;

c) Strictly observing the confidentiality regulations of clerical work in agencies, organizations and units.

d) Performing other service duties such as security guard, driver, waiter, receptionist, technician and other duties as assigned by superiors.

3. Specialized and professional competence standards

a) Grasping the organizational structure, functions and tasks of agencies and its affiliated units;

b) Understanding simple operations of clerical work or other professions and tasks as required by job positions; strictly complying with regulations on receipt and handover in the transfer and receipt of papers and documents;

c) Mastering the confidentiality regulations in agencies related to clerical work;

d) Being proficient in using the means and techniques for printing, copying documents and office equipment.

4. Training and retraining qualification standards

a) Obtaining vocational intermediate or higher-level degrees in majors suitable to the job position requirements;

b) Possessing certificates of completion of professional training concerning their assigned jobs if their tasks or job positions requires such certificates.

Chapter III

IMPLEMENTION PROVISIONS

Article 10. Organization of implementation

Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of provinces and centrally- run cities, and relevant agencies and organizations shall recruit, employ and manage specialized administrative civil servants in accordance with this Circular.

Article 11. Effect

1. This Circular takes effect on December 1, 2014.

2. To annul the Decision No. 414/TCCP-VC dated May 29, 1993 of the Government Commission for Organization and Cadres (now known as the Ministry of Home Affairs) on promulgating professional standards of civil servant ranks in administrative sector.

3. To abolish ranks and rank codes in the Decision No. 78/2004/QD-BNV dated November 3, 2004 of the Ministry of Home Affairs, on promulgating the list of civil servant ranks and public employee ranks, specifically as follows:

a) Typing technician (rank code: 01.005);

b) Typist (rank code 01.006);

c) Technical staff (rank code 01.007);

d) Clerical staff (rank code 01.008);

dd) Service staff (rank code 01.009);

e) Driver (rank code 01.010);

g) Security guard (rank code 01.011).

Civil servants who currently hold the ranks mentioned in Clause 3 of this Article may transfer to the employee rank (rank code 01.005) specified in Article 9 of this Circular.

Article 12. Responsibilities for implementation

1. Ministers, heads of ministerial-level agencies, Governmental agencies, chairpersons of People's Committees of provinces and centrally-run cities, and relevant agencies, organizations and individuals shall implement this Circular.

2. Any problems arising in the course of implementation shall be reported to the Ministry of Home Affairs for guidance or consideration and settlement./.

For the Minister

The Deputy Minister

Tran Anh Tuan