Nghị định 114/2003/NĐ-CP về cán bộ, công chức xã, phường, thị trấn

DECREE

ON THE COMMUNE, WARD AND DISTRICT TOWNSHIP OFFICIALS AND PUBLIC EMPLOYEES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of 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 Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of application

This Decree prescribes the titles, criteria, obligations and interests of the commune, ward and district township officials and public employees (hereinafter referred collectively to as the commune-level officials and public employees), things they must not do, regimes and policies for, and management of, the commune-level officials and public employees.

Article 2.- Subjects of regulation

Subjects governed by this Decree are officials and public employees prescribed at Points g and h, Clause 1, Article 1 of the Ordinance on Officials and Public Employees, who work at the People's Councils, People's Committees, political organizations or socio-political organizations of the commune level, including:

1. People who are elected to hold posts for given terms (hereinafter referred collectively to as the commune-level full-time officials), including the following posts:

a/ The Party Committee secretaries, deputy-secretaries and standing members (for localities where there are no full-time deputy-secretaries in charge of Party work) as well as Party cell secretaries and deputy-secretaries (for localities where the commune-level Party Committees have not yet been set up);

b/ Chairmen and vice-chairmen of the People's Councils;

c/ Presidents and vice-presidents of the People's Committees;

d/ Presidents of Fatherland Front Committees, secretaries of Ho Chi Minh communist youth unions; presidents of women's unions, presidents of peasants' associations, and presidents of war veterans' associations.

2. People who are recruited and assigned to hold professional titles in the commune-level People's Committees (referred collectively to as the commune-level public employees), including the following titles:

a/ Chiefs of the public security sections (where the regular public-security forces have not yet been arranged);

b/ Military chief commanders;

c/ Officials of the Office-Statistical Sections;

d/ Officials of the Cadastral-Construction Sections;

e/ Officials of the Finance-Accounting Sections;

f/ Officials of the Justice-Civil Status Sections;

g/ Officials of the Sections for Culture and Social Affairs.

Article 3.- Requirements on the commune-level officials and public employees

The commune-level officials and public employees are public servants of the people, subject to the supervision by the people, must constantly foster their moral qualities and study to raise their professional qualifications and working capabilities in order to well perform the assigned tasks and public duties.

Article 4.- Principles for managing the commune-level officials and public employees

The work on the commune-level officials and public employees is placed under the uniform leadership of the Party Committees, ensuring the principles of collectivity and democracy in parallel with bringing into full play the sense of responsibility of the heads of agencies, organizations or units.

Article 5.- Responsibilities of the commune-level officials and public employees

The commune-level officials and public employees shall have to observe the provisions in this Decree; the specific regulations on regimes and policies for, and criteria of, the commune-level officials and public employees; the regulations of the Anti-Corruption Ordinance, the Ordinance on Thrift Practice and Wastefulness Combat and other legal documents related to the commune-level officials and public employees.

Chapter II

CRITERIA OF COMMUNE-LEVEL OFFICIALS AND PUBLIC EMPLOYEES

Article 6.- General criteria

The commune-level officials and public employees must meet the following criteria:

1. Having the spirit of profound patriotism, being steadfast to the pursuits of national independence and socialism; having capability, to organize and mobilize people to well realize the Party's guidelines and the State's policies and laws;

2. Being diligent, thrifty, upright, fully devoted to the public interests, impartial, and public-minded, skilled in their jobs and dedicated to the people; being incorrupt and resolute to fight corruption; having sense of discipline in their work; being honest and not opportunistic, keeping close contact with the people and being trusted by the people;

3. Having knowledge on political theory, the Party's viewpoints and guidelines as well as the State's policies and law; having educational levels and professional qualifications as well as being capable and in good health condition to work with efficiency, meeting the assigned tasks' requirements.

Article 7.- Specific criteria

The commune-level officials and public employees must meet the specific criteria set by competent agencies or organizations:

1. Specific criteria of the commune-level full-time officials in political organizations and socio-political organizations shall be set by the central-level political organizations and socio-political organizations.

2. Specific criteria of the commune-level full-time officials in the People's Councils and the People's Committees, and criteria of the commune-level public employees shall be set by the Minister of Home Affairs.

Chapter III

OBLIGATIONS AND INTERESTS OF THE COMMUNE-LEVEL OFFICIALS AND PUBLIC EMPLOYEES, AND THINGS THEY MUST NOT DO

Article 8.- Obligations of the commune-level officials and public employees

The commune-level officials and public employees shall have the following obligations:

1. To be loyal to the Socialist Vietnamese Fatherland, strive to carry out the renewal cause to develop localities all-sidedly;

2. To strictly abide by the Party's guidelines and undertakings as well as the State's policies and laws; to perform their tasks and public duties strictly according to law provisions;

3. To have a healthy lifestyle, respect the people, not to be bureaucratic, authoritarian or bumblelike;

4. To strictly observe internal regulations, regulations or charters of agencies or organizations; to preserve and protect public properties; and protect the State's secrets according to law provisions;

5. To regularly study to raise qualifications; be creative, innovative and coordinative in their work in order to fulfil the assigned tasks and public duties; meet the criteria set by agencies or organizations competent to manage and employ officials and public employees within the prescribed time limit;

6. To be exemplary in implementing the Regulation on democracy in communes, wards and district townships; keep close contact with the people, take part in activities of population communities where they reside, listen to the people's opinions and place themselves under the supervision by the people;

7. To abide by the decisions on job transfer or assignment of competent agencies or organizations; when having grounds to believe that such decisions contravene law, to promptly report thereon to the decision-makers; in cases where such decisions must still be implemented, to report thereon to the immediate superior authorities of the decision-makers and not be held responsible for the consequences of the implementation of such decisions;

8. The commune-level officials and public employees shall be held responsible before law for the performance of their tasks and public duties; the commune-level officials and public employees holding the leading positions shall also be held responsible for the performance of the tasks and public duties by officials and public employees under their management according to law provisions.

Article 9.- Implementation of the working regulations

The commune-level officials and public employees shall have to implement the working regulations among the Party Committees, People's Councils, People's Committees and Fatherland Front Committees in settling important and burning issues in their respective localities.

Article 10.- Interests of the commune-level officials and public employees

The commune-level officials and public employees shall enjoy the following interests:

1. To be entitled to public holidays, annual leaves and leaves for personal reasons as prescribed in the Labor Code. In cases where there are plausible reasons, they can take unpaid leaves after obtaining the consents of the heads of the agencies or organizations which manage and employ the commune-level officials and public employees;

2. To be entitled to salaries and social insurance, health insurance, working-trip allowance, training, fostering, severance, and other regimes;

3. To be prioritized in recruitment consideration or examination for working in the State's organizations or agencies of the district or higher level when they fully meet the prescribed conditions and criteria;

4. Female officials and public employees shall also be entitled to the interests prescribed in Clause 2 of Article 109, and Articles 111, 113, 114, 115, 116 and 117 of the Labor Code;

5. To be entitled to participate in political and social activities according to law provisions; be given conditions for study to raise their qualifications, entitled to conduct scientific research and creation; be commended and/or rewarded when they splendidly discharge their assigned tasks and public duties;

6. To be entitled to lodge complaints, denunciations or lawsuits against agencies', organizations' or individuals' deeds which they consider to be contrary to law to competent agencies or organizations according to law provisions and be held responsible before law for such complaints, denunciations or lawsuits;

7. When performing their tasks and public duties, to be protected by law and people;

8. Officials and public employees who lay down their lives while performing their tasks and public duties shall be considered for recognition as martyrs according to law provisions; or who get injured while performing their tasks and public duties shall be considered for application of policies and regimes like for war invalids.

Article 11.- Things must not be done by the commune-level officials and public employees

The commune-level officials and public employees must not do the following things:

1. Being lazy in their work, shirking their responsibilities or refusal to discharge their tasks or public duties; sowing factionalism, discord or sectionalism or arbitrarily abandoning their jobs;

2. Being authoritarian or bumblelike, harassing for bribes, or causing difficulties or troubles to agencies, organizations or individuals while handling affairs;

3. Establishing, taking part in the establishment, management or administration of private enterprises, limited liability companies, joint-stock companies, partnerships, private hospitals or private schools;

4. Party Committee secretaries, chairmen and vice chairmen of People's Councils as well as presidents and vice-presidents of People's Committees must not arrange their spouses, parents, children or blood siblings to work in the finance-accounting or cadastral-construction sections.

Chapter IV

ELECTION, RECRUITMENT AND EMPLOYMENT OF COMMUNE-LEVEL OFFICIALS AND PUBLIC EMPLOYEES

Article 12.- Election of the commune-level full-time officials

1. The election of the commune-level full-time officials in the People's Councils or the People's Committees shall comply with the Law on Election of Deputies to the People's Councils and the Law on Organization of the People's Councils and the People's Committees.

2. The election of the commune-level full-time officials in political organizations and socio-political organizations shall comply with the charters of the political organizations and socio-political organizations.

Article 13.- Recruitment of commune-level public employees

1. The recruitment of commune-level public employees must be based on work demands, working positions as well as criteria and number of the to be-recruited titles.

2. The recruits must have ethical qualities, fully meet the set criteria and pass recruitment examinations. The recruitment of public employees in highland, deep-lying, remote, border or island areas or in order to meet the requirements of building the contingent of officials and public employees in regions inhabited by ethnic minority people may be effected through recruitment consideration.

3. The presidents of the district-level People's Committees shall direct and organize the recruitment of commune-level public employees according to the Regulation on recruitment of public employees, issued by the provincial-level People's Committees.

4. The recruits must undergo a probationary period of full 6 months. Upon the expiry of the probationary duration, the presidents of the commune-level People's Committees shall base themselves on the criteria and working results of the probationers to propose the presidents of the district-level People's Committees to consider, and decide on, the recruitment if the probationers fully meet the set criteria, or let them give up their jobs if they fail to fully meet the recruitment criteria.

Article 14.- Training and fostering of commune-level officials and public employees

1. Agencies and organizations competent to manage and employ the commune-level officials and public employees shall have to work out plannings and plans on training, fostering, creating sources of, and raising qualifications and capabilities of, commune-level officials and public employees.

2. The training of commune-level officials and public employees shall be based on the plannings, plans and criteria for each post as well as professional criteria of each title.

3. The training and fostering of the commune-level officials and public employees are funded by the State budget. The regimes on training and fostering the commune-level officials and public employees shall be prescribed by competent agencies or organizations.

Article 15.- Job severance and abandonment

1. The commune-level officials and public employees may give up their jobs and enjoy the job severance regime in the following cases: the standardization of officials and public employees is effected; they leave their jobs, failing to fully meet the conditions for retirement regime enjoyment; or they wish to give up their jobs and it is approved by the district-level agencies or organizations.

2. Those commune-level officials and public employees who arbitrarily abandon their jobs shall be disciplined and not entitled to the severance regime or other interests, and must pay compensation for training expenses according to law provisions.

3. While the commune-level officials and public employees are being considered for disciplining or examined for penal liability, they must not give up their jobs before the handling decisions are issued.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS

Article 16.- Commendation

1. The commune-level officials and public employees who have recorded achievements in the performance of their tasks and public duties shall be considered for commendation in the following forms:

a/ Papers of merit;

b/ Certificates of merit;

c/ State honorary titles;

d/ Medals;

e/ Orders.

2. The commendation of commune-level officials and public employees shall comply with law provisions and charters of political organizations or socio-political organizations.

Article 17.- Disciplining and handling of violations

1. The disciplining or dismissal of commune-level full-time officials shall comply with law provisions and charters of political organizations or socio-political organizations.

2. The commune-level officials and public employees who violate law provisions, but not seriously enough for penal liability examination, shall, depending on the nature and seriousness of their violations, be considered for disciplining in one of the following forms:

a/ Reprimand;

b/ Caution;

c/ Salary reduction;

d/ Demotion;

e/ Dismissal.

3. The commune-level public employees who are disciplined in form of reprimand, caution or demotion shall have their salary-raising duration prolonged for one more year.

4. The commune-level officials and public employees who are disciplined in form of reprimand or more severe penalties shall not be appointed to higher posts within at least one year as from the time the disciplining decisions are issued.

5. The commune-level officials and public employees who lose or damage equipment, or commit other acts of causing damage to the State properties must pay compensation therefor according to law provisions.

6. The commune-level officials and public employees who commit acts of law violation in the performance of their tasks or public duties, which cause damage to other people, must refund their agencies or organizations the amounts already paid as compensation to the victims by such agencies or organizations according to law provisions.

7. The commune-level officials and public employees who commit acts of law violation with criminal signs shall be examined for penal liability according to law provisions.

8. The commune-level officials and public employees who commit crimes and are sentenced to imprisonment by People's Courts shall be forced to leave their jobs as from the date such judgment or decision takes legal effect.

Article 18.- Temporary work suspension

While being considered for a discipline, commune-level officials or public employees may be subject to work suspension under decisions of competent managing agencies or organizations if deeming that their continued working may cause difficulties to the verification of their violations or they may continue to commit other violation acts. The time limit for such temporary suspension shall not exceed 15 days and may be prolonged in special cases but must not exceed 3 months; past this time limit, if the commune-level officials or public employees are not handled, they may continue to work. While being subject to work suspension, commune-level officials or public employees shall still enjoy salaries according to the Government's regulations.

Commune-level officials and public employees who are found not guilty shall be re-instated in their former working positions; in cases where commune-level officials or public employees are disciplined in form of reprimand, caution or salary reduction, they may be, depending on the nature and seriousness of their violations, re-instated in their former working positions.

Article 19.- Disciplining competence

1. The disciplining of commune-level officials and public employees shall be decided by the agencies or organizations managing officials and public employees according to the following process: The disciplining councils of the commune-level agencies or organizations shall consider and propose the district-level competent agencies or organizations to decide thereon.

2. Composition and working regulations of the disciplining councils shall be prescribed by the provincial-level competent agencies or organizations.

Article 20.- Complaints and settlement of complaints

The commune-level officials and public employees, when being disciplined, may lodge their complaints about the disciplining decisions against them with the competent agencies or organizations, which shall have to settle such complaints according to law provisions.

Article 21.- Having honor and interests restored when being subject to unjust or wrong disciplining

The commune-level officials and public employees, who are unjustly and wrongly disciplined or examined for penal liability as concluded by competent agencies or organizations, shall have their honor and interests restored and be compensated for damage according to law provisions.

Article 22.- Management of commendation and disciplining dossiers

Agencies and organizations managing the commune-level officials and public employees shall have to manage commendation and disciplining dossiers of officials and public employees.

The commendation and disciplining decisions shall be kept in the files of commune-level officials and public employees.

Chapter VI

MANAGEMENT OF COMMUNE-LEVEL OFFICIALS AND PUBLIC EMPLOYEES

Article 23.- Contents of the management of commune-level officials and public employees

The contents of management of the commune-level officials and public employees include:

1. Promulgating, and organizing the implementation of, legal documents, charters and regulations on officials and public employees;

2. Elaborating plannings and plans on building the contingent of officials and public employees;

3. Prescribing titles and criteria of officials and public employees;

4. Prescribing the number of the commune-level officials and public employees and guiding the implementation thereof;

5. Organizing the management and employment, and decentralizing the management, of officials and public employees;

6. Promulgating regulations on recruitment of, and probationary regime for, public employees;

7. Training, fostering and evaluating officials and public employees;

8. Directing and organizing the implementation of the salary regime as well as preferential treatment, commendation and disciplining regimes and policies for officials and public employees;

9. Gathering statistics on officials and public employees;

10. Inspecting and examining the implementation of the regulations on officials and public employees;

11. Directing and organizing the settlement of complaints and denunciations against officials and public employees.

Article 24.- Contents of the management of commune-level officials and public employees by the Ministry of Home Affairs

The Ministry of Home Affairs shall have the task and power to assist the Government in managing the commune-level officials and public employees according to the following contents:

1. Submitting to the Government legal documents on officials and public employees;

2. Submitting to the Government for promulgation and guiding the implementation of, salary regime as well as preferential treatment, commendation and disciplining regimes for officials and public employees;

3. Prescribing the criteria of the commune-level officials and public employees;

4. Guiding the prescription of the number of officials and public employees;

5. Guiding the management and decentralizing the management of officials and public employees;

6. Guiding the elaboration of regulations on recruitment and employment of public employees;

7. Managing contents, programs and teaching courses of training and fostering officials and public employees;

8. Inspecting and examining the implementation of the regulations by officials and public employees;

9. Gathering statistics on, and summing up, the number of officials and public employees.

Article 25.- Contents of the management of commune-level officials and public employees by the provincial-level People's Committees

The provincial-level People's Committees shall manage the commune-level officials and public employees according to the following contents:

1. Deciding on the specific numbers of the commune-level officials and public employees under the guidance of the Ministry of Home Affairs;

2. Elaborating the regulations on recruitment, transfer, relief from office and job-severance of, as well as probationary regime for, officials and public employees;

3. Elaborating contents and programs, fostering and updating information for raising qualifications of, and organizing training and fostering for, officials and public employees;

4. Guiding the implementation of preferential treatment, commendation and disciplining regimes and policies for officials and public employees;

5. Inspecting and examining the implementation of regulations by officials and public employees;

6. Directing the settlement of complaints and denunciations against officials and public employees;

7. Prescribing the composition and working regulations of the Councils for disciplining officials and public employees;

8. Gathering statistics on the quantity and quality of officials and public employees in the provinces or centrally-run cities.

Article 26.- Contents of the management of commune-level officials and public employees by the district-level People's Committees

The district-level People's Committees shall manage the commune-level officials and public employees according to the following contents:

1. Elaborating plannings and plans on building the contingent of officials and public employees and step by step standardizing officials and public employees;

2. Organizing recruitment examinations or consideration; deciding on recruitment, transfer, relief from office and job-severance for commune-level public employees; and managing the commune-level public employees and their dossiers under the guidance of the provincial-level People's Committees;

3. Organizing the implementation of salary regime as well as preferential regimes and policies for officials and public employees;

4. Organizing the fostering of officials and public employees;

5. Deciding on commendation and disciplining of officials and public employees;

6. Inspecting and examining the implementation of regulations on officials and public employees;

7. Settling complaints and denunciations against officials and public employees according to law provisions;

8. Gathering statistics on, and appraising, the quantity and quality of officials and public employees in rural and urban districts as well as provincial towns and cities.

Article 27.- Contents of the management of commune-level officials and public employees by the commune-level People's Committees

The commune-level People's Committees shall manage the commune-level officials and public employees according to the following contents:

1. Directly managing the contingent of public employees;

2. Implementing regulations on regimes and policies for officials and public employees;

3. Materializing plans on training and fostering of officials and public employees;

4. Proposing competent agencies or organizations to commend and/or reward commune-level officials and public employees according to their respective competence;

5. Considering and proposing the district-level competent agencies or organizations the disciplining of public employees and handling of their violations;

6. Settling complaints and denunciations against officials and public employees according to law provisions;

7. Gathering statistics on, and appraising, the quality as well as arrangement and employment of, the contingent of public employees;

8. The presidents of the commune-level People's Committees shall grant papers of merit to public employees having recorded achievements.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 28.- Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette, annulling all previous regulations contrary to this Decree.

Article 29.- Implementation responsibilities

The Minister of Home Affairs shall guide 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 People's Committees of the provinces and centrally-run cities shall have to implement this Decree.