Nghị định 89/2021/NĐ-CP sửa đổi Nghị định 101/2017/NĐ-CP về đào tạo, bồi dưỡng cán bộ, công chức, viên chức

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 101/2017/ND-CP dated September 01, 2017 prescribing regulations on trainings and refresher trainings for cadres, civil servants and public employees

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

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees dated November 25, 2019;

Pursuant to the Law on National Defense and Security Education dated June 19, 2013;

Pursuant to the Law on Education dated June 14, 2019;

At the request of the Minister of Home Affairs;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 101/2017/ND-CP dated September 01, 2017 prescribing regulations on trainings and refresher trainings for cadres, civil servants and public employees.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 101/2017/ND-CP dated September 01, 2017 prescribing regulations on trainings and refresher trainings for cadres, civil servants and public employees

1. To amend Point b, Clause 2, Article 1 as follows:

“2. This Decree shall apply to the following subjects:

b) Civil servants of agencies of the Communist Party, the State, the Viet Nam Fatherland Front, central, provincial-level, district-level socio-political organizations and civil servants in communes, wards and towns (hereinafter referred to as “commune level”).

2. To amend Article 15 as follows:

“Article 15. Forms of refresher trainings

1. Refresher trainings categorized according to the standards of civil servant ranks, standards of professional titles of public employees.

2. Refresher trainings categorized according to the standards of leading and managing titles and positions.

3. Refresher trainings categorized according to the standard of positions and titles of commune-level cadres and civil servants.

4. Refresher trainings categorized according to job position requirements.”.

3. To amend Article 16 as follows:     

“Article 16. Contents of refresher trainings

1. Political theories.

2. National defense and security knowledge.

3. State management knowledge and skills.

4. Knowledge and skills specialized based on the job position requirements.”

4. To amend Article 17 as follows:

“Article 17.  Programs and materials for refresher trainings

1. Programs and materials for refresher trainings on political theory shall include:

a) Programs and materials for refresher trainings on political theory categorized according to the standards of leading and managing titles and positions;

b) Programs and materials for refresher trainings on political theory categorized according to the standards of ranks, standards of titles of cadres, civil servants, public employees.

2. Programs and materials for refresher trainings on national defense and security knowledge shall include:

a) Programs and materials for refresher trainings on national defense and security knowledge categorized according to the standards of leading and managing titles and positions;

b) Programs and materials for refresher trainings on national defense and security knowledge categorized according to the standards of ranks, standards of titles of cadres, civil servants, public employees.

3. Programs and materials for refresher trainings on state management knowledge and skills categorized according to the standards of civil servant ranks shall include:

a) For programs and materials for refresher trainings for civil servants appointed to the specialist or equivalent rank, the maximum time for implementation shall be 04 weeks;

b) For programs and materials for refresher trainings for civil servants appointed to the principal-specialist or equivalent rank, the maximum time for implementation shall be 06 weeks;

c) For programs and materials for refresher trainings for civil servants appointed to the senior-specialist or equivalent rank, the maximum time for implementation shall be 08 weeks;

4. Programs and materials categorized according to the standards of professional titles for specialized public employees. Each specialized major shall have 01 program, the maximum time for implementation shall be 06 weeks.

5. Programs and materials for refresher trainings categorized according to the job position requirements

a) Programs and materials for refresher trainings categorized according to the requirements of leadership and management positions, the maximum time for implementation shall be 02 weeks, including:

Programs and materials for refresher trainings for leaders and managers of divisions or equivalent;

Programs and materials for refresher trainings for leaders and managers at the district level or equivalent;

Programs and materials for refresher trainings for leaders and managers of provincial-level departments or equivalent;

Programs and materials for refresher trainings for leaders and managers of authorities or equivalent;

b) Programs and materials for refresher trainings categorized according to the professional and specialized job position requirements (specialized professions; shared professional skills; specialized professional titles; shared professional titles), the maximum time for implementation of each program shall be 01 week.

c) Programs and materials for refresher trainings categorized according to the standards of positions, titles of commune-level cadres and civil servants, the maximum time for implementation of each program shall be 01 week.”.

5. To amend Article 18 as follows:

“Article 18. Requirements upon participation in refresher trainings

1. Cadres, civil servants and public employees participate in refresher training on political theory, national defense and security knowledge and skills in accordance with guidelines of competent agencies.

2. Civil servants must complete a refresher training program on state management knowledge and skills in accordance with the standards of a civil servant rank before being appointed to such rank.

3. Public employees must complete a refresher training categorized according to the standards of a professional titles of specialized public employees before appointing such professional title.

4. Cadres, civil servants and public employees shall participate in refresher trainings on knowledge and skills in accordance with the job position requirements as prescribed by competent agencies in charge of managing cadres, civil servants and public employees and in accordance with the personal needs, the minimum time for implementation shall be 01 week (40 periods)/year, the maximum time shall be 04 weeks (160 periods)/year.”.

6. To amend Article 19 as follows:

“Article 19. Management of refreshment trainings

1. Competent agencies of the Communist Party of Vietnam shall develop, promulgate and manage programs for refresher trainings on political theory.

2. The Ministry of National Defence shall assume the prime responsibility and coordinate with the Ministry of Public Security in developing, promulgating and managing programs for refresher trainings on national defense and security knowledge.

3. The Ministry of Home Affairs shall develop, promulgate and manage programs for refresher trainings on state management knowledge and skills categorized according to the standards of civil servant ranks; refresher trainings categorized according to requirements of leadership and managerial positions.

4. Ministries managing professional titles of specialized public employees shall develop, promulgate and manage programs for refresher trainings categorized according to the standards of professional titles of specialized public employees.

5. Ministries, ministerial-level agencies, government-attached agencies, central socio-political organizations and provincial-level People’s Committees shall develop, promulgate, manage refresher trainings categorized according to the professional and specialized job requirements for cadres, civil servants, public employees and commune-level cadres, civil servants under their management.”.

7. To amend and supplement Clause 2, Article 20 as follows:

“2. Contents of programs and materials must ensure a combination of theory and practice; knowledge, experience and practical skills; integration of training programs with similar contents; avoid overlapping. Programs and materials must be regularly supplemented, updated and enhanced to suit realities.”

8. To amend Article 21 as follows:

“Article 21. Appraisal and approval of refresher training programs and materials

1. Programs and materials for refresher trainings categorized according to the standards of civil servant ranks, the standards of professional titles of public employees, leadership and managerial positions must be appraised before their promulgation.

2. Programs and materials for refresher trainings categorized according to requirements of professional and specialized job positions; Programs and materials for refresher trainings categorized according to the standards of titles and positions of commune-level cadres and civil servants must be approved before being put into use.

3. The agencies in charge of managing the programs shall organize the appraisal or approval of such refresher training programs.

4. The Ho Chi Minh National Academy of Politics, National Academy of Public Administration; training and refresher training institutions; training and research institutions; agencies and units shall organize the appraisal or approval of refresher training materials which they are assigned to develop.”.

9. To amend Article 26 as follows:

“Article 26. Certificates of refresher trainings

1. Ho Chi Minh National Academy of Politics, National Academy of Public Administration; training and refresher training institutions; training and research institutions shall issue certificates of refresher training programs which they are assigned to perform.

2. Public employees with practice certificates as prescribed by the law shall be allowed to use such certificates instead of certificates of refresher training categorized according to the corresponding standards of professional titles of specialized public employees.

3. Certificate of refresher training for cadres, civil servants and public employees; commune-level cadres and civil servants shall be used nationwide. The Ministry of Home Affairs shall provide specific guidance on the management, use and templates of such certificates.”.

10. To amend and supplement Article 27 as follows:

“Article 27. Assignment of organization of refresher trainings

1. The Ho Chi Minh National Academy of Politics shall organize the following refresher training programs:

a) Refresher training programs on political theory categorized according to the standards of leadership and managerial titles and positions at district level and equivalent; of provincial-level departments and equivalent; of authorities and equivalent;

b) Programs to improve professional qualifications and pedagogy for political theory lecturers in the system of training and refresher retraining institutions, training and research institutions;

c) Refresher training programs on political theory categorized according to the standards of civil servant ranks, standards of titles of cadres, civil servants and public employees;

d) Other refresher training programs assigned by competent agencies.

2. The National Academy of Public Administration shall organize the following refresher training programs:

a) Refresher training programs on state management knowledge for civil servants of the principal-specialist or equivalent rank; civil servants of the senior-specialist or equivalent rank;

b) Refresher training programs categorized according to the leadership and managerial positions at district level and equivalent, of provincial-level departments and equivalent, of authorities and equivalent;

c) Refresher training programs categorized according to the requirements of professional and specialized job positions;

d) Programs to improve professional and specialized expertise, pedagogical methodology for state management lecturers of training and refresher training institutions and training and research institutions;

dd) Other refresher training programs assigned by competent agencies.

3. Schools of politics of provinces and centrally-run cities shall organize the following refresher training programs:

a) Refresher training programs on political theory categorized according to the standards of positions, leadership and managerial titles of divisions and equivalent;

b) Refresher training programs on state management knowledge for civil servants of the specialist and equivalent rank; civil servants of the principal-specialist and equivalent rank;

c) Refresher training programs categorized according to the requirements of leadership and managerial job positions of divisions and equivalent;

d) Refresher trainings categorized according to the requirements of professional and specialized job positions;

dd) Refresher trainings categorized according to the standards of positions, titles of commune-level cadres and civil servants;

e) Other refresher training programs assigned by competent agencies.

4. Training and refresher training institutions for cadres and civil servants of ministries, ministerial-level agencies, government-attached agencies, and central socio-political organizations shall organize the following refresher training programs:

a) Refresher training programs on state management knowledge for civil servants of the specialist and equivalent rank; civil servants of the principal-specialist and equivalent rank;

b) Refresher training programs categorized according to the requirements of leadership and managerial job positions of divisions and equivalent;

c) Refresher training programs categorized according to the requirements of professional and specialized job positions;

d) Other refresher training programs assigned by competent agencies.

5. Ministries, ministerial-level agencies, government-attached agencies, central socio-political organizations and provincial-level People's Committees shall decide to assign the organization of refresher training programs categorized according to the standards of professional titles of specialized public employees; refresher training programs categorized according to the requirements of professional and specialized job positions under their management for training and refresher training institutions, training and research institutions which satisfy all the prescribed conditions and submit the list to the Ministry of Home Affairs for consolidation, monitoring and management.”.

11. To amend Point a, Clause 1, Article 35 as follows:

“a) Satisfy the standards specified at Points a, b, c, dd, e, Clause 1, Article 34 and have the level of political theory and state management which meet the requirements.”.

12. To amend Clause 2, Clause 3 and to supplement Clause 4, Clause 5, Article 36 as follows:

“2. The funding for trainings and refresher trainings for public employees shall covered by the public employees, financial sources of  public non-business units, funding sources for training and refresher trainings of Programs and Schemes approved by competent authorities and other sources as prescribed by the law.

3. The State shall have policies to support funding for trainings and refresher trainings for cadres, civil servants and public employees who are female and people of ethnic minorities. Ministries, ministerial-level agencies, government-attached agencies, central socio-political organizations, and provincial-level People's Committees shall proactively allocate recurrent expenditures and other funding sources to provide such support for cadres, civil servants and public employees being female and people of ethnic minority who are sent to participate in training and refresher trainings in accordance with law regulations on gender equality and ethnic affairs.

4. Funding for trainings and refresher trainings for other subjects to which this Decree applies shall be covered by individuals, operational funding sources of agencies, units and other sources as prescribed by the law.

5. The Ministry of Finance shall provide guidelines on the estimation, management, use and settlement of training and refresher expenses suitable to each type of training and refresher training.”.

13. To add Article 45a before Article 45 (in Chapter VII. Implementation provisions) as follows:

“Article 45a. Application provisions

1. People working in socio-politico-professional organizations, social organizations, socio-professional organizations operating nationwide, in accordance with the payroll quotas assigned by competent agencies shall be subject to regulations on trainings and refresher trainings for civil servants.

2. Persons working in non-business units of socio-politico-professional organizations, social organizations, socio-professional organizations; non-business units belonging to public non-business units; non-business units belonging to enterprises with 100% charter capital held by the State or enterprises in which more than 50% charter capital or total voting shares is held by the State shall be subject to provisions on training and refresher trainings for public employees.”.

Article 2. Implementation provisions

1. This Decree takes effect from December 10, 2021.

2. Agencies assigned to develop refresher training programs on state management knowledge and skills categorized according to the standards of civil servant ranks, standards of professional titles of specialized public employees, and requirements for leadership and managerial job positions specified in Clause 6, Article 1 of this Decree must issue programs before July 1, 2022.

3. Cadres, civil servants and public employees with certificates of completion of refresher training programs specified in Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7, Article 17 of the Decree No. 101/2017/ND-CP or those who have been appointed to a position, rank of civil servant or professional title of public employees before June 30, 2022 shall not be required to participate in corresponding refresher training programs in accordance with this Decree.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of provincial-level People’s Committees, relevant agencies, organizations, and individuals shall be responsible for the implementation of this Decree./.

On behalf of the Government
            For the Prime Minister
            Deputy Prime Minister
            Pham Binh Minh