Nghị định 71/2003/NĐ-CP phân cấp quản lý biên chế hành chính, sự nghiệp nhà nước

DECREE

ON DECENTRALIZING THE MANAGEMENT OF STATE ADMINISTRATIVE AND NON-BUSINESS PAYROLLS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the February 26, 1998 Ordinance on Officials and Public Employees and the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Officials and Public Employees;

At the proposal of the Minister of the Interior,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of application

This Decree provides for the decentralization of the management of State administrative and non-business payrolls to the ministries, the ministerial-level-agencies and the agencies attached to the Government (hereinafter referred collectively to as ministries and branches) and the Peoples Councils and Peoples Committees of the provinces and centrally-run cities (hereinafter referred collectively to as provincial-level Peoples Councils and Peoples Committees).

Article 2.- In this Decree, the following words and phrases are construed as follows:

1. Administrative payroll means the number of persons recruited and appointed to public employees posts or assigned to hold regular public duties in organizations which assist the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the provincial-level Peoples Councils and Peoples Councils and the Peoples Councils and the Peoples Committees of districts, provincial capitals and cities (hereinafter referred collectively to as district-level Peoples Councils and Peoples Committees) in performing their assigned functions, tasks and powers in State administrative management.

2. Non-business payroll means the number of persons recruited and appointed to public servants posts or assigned to perform regular tasks in State non-business units engaged in education and training, science, health, culture, arts, physical training and sports and other non-business units established by decisions of competent agencies in order to serve the State management tasks or to provide some public services of the ministries, the ministerial-level agencies, the agencies attached to the Government and the provincial- and district-level Peoples Councils and Peoples Committees.

3. Decentralization of payroll management means the prescription of the tasks, powers and responsibilities in payroll management for the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial-level Peoples Committees on the basis of the functions, tasks, powers and annual State budget capability of the ministries, branches and localities.

Article 3.- Objectives of the decentralization of payroll management

1. To enhance the responsibility and promote the autonomy of the ministries, branches and localities as well as State non-business units in managing State administrative and non-business payrolls.

2. To create conditions for the State administrative agencies and non-business units to promote effectiveness and efficiency in the performance of financial management, organization, payroll tasks and the implementation of policies for officials, public employees and servants.

Article 4.- Principles for decentralizing payroll management

1. Ensuring the uniform and close leadership and direction in the management of payrolls by State administrative agencies.

2. The decentralization of payroll management must be compatible with the decentralization of budget management in accordance with the State Budget Law; payroll norms must be commensurate with the functions, tasks as well as the actually assigned volume or scope of work and within the limits of the State budget.

3. Strictly complying with the law provisions on payroll norms and structures; managing and economically using payroll norms; implementing policies for officials, public employees and servants.

4. The decentralization of payroll management must be closely linked to the raising of inspection and supervision responsibilities of competent State management bodies.

5. Ensuring publicity and democracy in the use and management of payrolls according to law provisions.

Chapter II

CONTENTS, BASES AND REQUIREMENTS OF PAYROLL PLANS

Article 5.- Payroll plans have the following contents:

1. Bases and requirements for planning the State administrative and non-business payrolls.

2. Statistics on, summing up, reporting and evaluation of the results of the previous years payroll management under the scope of the management of the ministry, branch or locality.

3. Making State administrative and non-business payroll plans of the ministries, branches and localities as well as wage estimates suitable to the payroll plans and the current wage policies and regimes.

Article 6.- Bases for making annual payroll plans

1. The socio-economic development tasks of the plan year and specific norms reflecting the scope of work, natural geographical and population characteristics, and implementation conditions.

2. The functions and tasks of each agency, unit or organization; the plans on arrangement of human resources and reorganization of the apparatuses of administrative agencies and/or non-business units within the scope of management.

3. The capability of local budgets, fundings for the operation of the ministries or branches, which have been approved by competent agencies on an annual basis.

4. Payroll norms promulgated by competent State management bodies.

5. The plan on socialization of activities in a number of non-business domains of education and training, health, culture, information, sports, scientific research and other non-business domains.

6. The quality of the existing contingent of officials, public employees and servants and expected sources of substitutes.

Article 7.- Requirements for the making of annual payroll plans of the ministries, branches and localities

1. Payroll plans reflect the use of payrolls by attached units and clearly determine payrolls for the domains of: administrative management, non-business activities in education and training, health, culture, information, physical training and sports, scientific research and other non-business activities.

2. Payroll plans must be enclosed with full and detailed written explanations on the payroll calculation bases and grounds, payroll quantities and structures of attached units and cost estimates for operation as prescribed in Article 6 of this Decree, forms and the timing for making payroll plans under the guidance of competent bodies.

3. Payrolls shall be arranged only for agencies, units and organizations established by competent State bodies.

Chapter III

DECENTRALIZATION OF PAYROLL MANAGEMENT

Article 8.- Competence to manage payrolls

1. The Government shall approve the total payroll of the State administrative agencies at the central level and prescribe the administrative and non-business payroll norms for the Peoples Committees.

2. The Prime Minister shall decide on administrative payroll quotas for each ministry, ministerial-level agency and agency attached to the Government and on payroll norms for State non-business units at the central level.

3. The Minister of the Interior shall assist the Government in uniformly managing administrative and non-business payrolls under its management nationwide.

4. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial-level Peoples Committees shall manage the payrolls of their respective ministries, branches or localities under the provisions of this Decree.

Article 9.- Tasks and powers of the ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government

1. To assume the prime responsibility and coordinate with the concerned ministries, ministerial-level agencies and agencies attached to the Government in working out and proposing to competent State management bodies for prescription new payroll norms and amendments and/or supplements to the current payroll norms according to the professional activities of the branches or domains under their charge for application nationwide.

2. To direct and guide attached units in making payroll plans under the provisions in Articles 5, 6 and 7 of this Decree.

3. To evaluate the administrative payrolls or non-business payrolls of their attached units, to make payroll plans of their respective ministries or branches and send them to the Ministry of the Interior for sum-up and submission to the Prime Minister.

4. To decide on the assignment and management of administrative or non-business payroll quotas of their attached units.

5. To decide on the non-business payroll quotas for those domains where payroll norms are available under their management; guide the implementation of non-business payroll norms and direct the implementation of the financial autonomy and self-responsibility mechanism, the organizational apparatus and payrolls of non-business units according to law provisions.

6. To propose competent authorities to decide on non-business quotas for those domains of their respective ministries or branches, where norms are unavailable.

7. To implement the regime of annual reporting and statistics on the implementation of payrolls under the guidance of the Ministry of the Interior.

8. To guide, inspect and examine the observance of the regulations on payroll management by their attached units.

9. To settle complaints and denunciations and handle violations related to payroll management, which fall under their respective competence, according to the law provisions on complaints and denunciations.

Article 10.- Tasks, powers and responsibilities of the provincial-level Peoples Committees presidents

1. To direct and guide attached units and the Peoples Committees of rural and urban districts, provincial capitals and cities (hereinafter referred collectively to as district level) in making payroll plans under the provisions in Articles 5, 6 and 7 of this Decree.

2. To organize the evaluation of the payrolls of attached units and the district-level Peoples Committees, to sum them up and make plans on the total payrolls of their localities.

3. To submit to the provincial-level Peoples Councils:

For approval, the total annual administrative and non-business payrolls of the localities in service of the performance of State management and socio-economic development tasks on the basis of payroll norms promulgated by competent State management bodies and the capability of annual local budgets.

4. To decide on allocating administrative payroll quotas to attached units and the district-level Peoples Committees.

5. To guide the implementation of non-business payroll norms, direct and inspect the implementation of the autonomy and self-responsibility mechanism, the organizational apparatuses and payrolls by non-business units according to law provisions.

6. To implement the regime of reporting and statistics on the implementation of payrolls under the guidance of the Ministry of the Interior.

7. To guide, inspect and examine attached units and the district-level Peoples Committees in the payroll management.

8. To settle complaints and denunciations and handle violations related to payroll management, which fall under their respective competence, according to the law provisions on complaints and denunciations.

Article 11.- Tasks, powers and responsibilities of the Minister of the Interior

1. To submit to the Government the total administrative payroll of the State administrative agencies at the central level and prescribe the administrative and non-business payroll norms for the Peoples Committees and the administrative payroll management mechanisms for State non-business units.

2. To submit to the Prime Minister annual administrative payroll quotas of each ministry, ministerial-level agency and agency attached to the Government and the prescription of payroll norms for State non-business units at the central level.

To direct, guide, inspect and take responsibility for organizing the implementation thereof after the Government or the Prime Minister approves them.

3. Under the mandate of the Prime Minister, to assign administrative payroll quotas to each ministry, ministerial-level agency or agency attached to the Government; to assign non-business payroll quotas for those domains of the ministries, ministerial-level agencies and agencies attached to the Government, where payroll norms are unavailable.

4. Under the mandate of the Prime Minister, to promulgate payroll norms according to various professional activities of each branch or domain at the proposals of the ministries or branches for application nationwide.

5. To sum up the annual administrative payrolls and non-business payrolls of State agencies.

6. To organize the gathering of statistics on administrative and non-business payrolls nationwide, and annually report thereon to the Prime Minister.

7. To inspect and examine the management and use of payrolls by the ministries, branches and localities according to the provisions of this Decree and other relevant law provisions.

8. To settle complaints and denunciations related to payroll management, which fall under his/her competence, according to the law provisions on complaints and denunciations.

Article 12.- Tasks, powers and responsibilities of the Minister of Finance

1. To guide the norms for allocation of budgets to non-business payrolls in education and training, health, culture and information, sports, scientific research and other non-business domains; the norms for allocation of budgets for administrative management to the ministries, ministerial-level agencies, agencies attached to the Government and provincial-level Peoples Committees.

2. To join the Minister of the Interior in prescribing and implementing the payroll norms formulated by the ministries and branches to ensure that they are com-patible with the budget capability and allocation norms.

Chapter IV

COMMENDATION, HANDLING OF VIOLATIONS

Article 13.- Commendation

Agencies, organizations and individuals that record achievements in the payroll management shall be commended and/or rewarded according to the provisions of the Ordinance on Officials and Public Employees, and be allowed to implement the current law provisions on encouragement of the economical use of payrolls.

Article 14.- Handling of violations

If responsible persons, while performing the payroll management tasks, violate the provisions of this Decree, they shall, depending on the nature and seriousness of their violations, be disciplined, and, if causing damage, have to pay compensation therefor, according to law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 15.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette. All previous regulations on payroll management, which are contrary to this Decree, shall be no longer effective.

Article 16.- Implementation responsibility

The Minister of the Interior shall have to guide and oversee the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally run cities shall have to implement this Decree.