Nghị định 115/2003/NĐ-CP về chế độ công chức dự bị

DECREE

ON THE REGIME OF RESERVE PUBLIC EMPLOYEES

THE GOVERNMENT

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 Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Subject and scope of regulation

This Decree prescribes the regime of recruitment and employment of reserve public employees as well as their rights and interests, things that they must not do, regimes and policies towards, and management of them.

Article 2.- Reserve public employees

Reserve public employees are Vietnamese citizens who are on the payroll, enjoy salaries from the State budget and are recruited for addition to the contingent of officials and public employees prescribed at Points b and c, Clause 1, Article 1 of the April 29, 2003 Ordinance amending and supplementing a number of articles of the Ordinance on Officials and Public Employees. Reserve public employees are assigned to work for certain periods in the following agencies and organizations:

1. The National Assembly's Office;

2. The State President's Office;

3. The People's Courts of various levels;

4. The People's Procuracies of various levels;

5. The ministries, ministerial-level agencies, agencies attached to the Government;

6. The People's Councils and People's Committees of provinces and centrally-run cities; the People's Committees of urban districts, rural districts, provincial capitals and cities;

7. Assisting apparatuses of political organizations or socio-political organizations;

8. The People's Committees of communes, wards and townships.

Article 3.- Interpretation of terms

In this Decree, the following terms shall be construed as follows:

1. "Recruitment of reserve public employees" means the recruitment of persons to work under the reserve public employee regime through recruitment examination or consideration.

2. "Agencies employing reserve public employees" mean agencies and organizations competent to administratively and professionally manage the reserve public employees;

3. "Agencies competent to manage public employees" mean agencies empowered to recruit and manage public employees, including reserve public employees.

Chapter II

RECRUITMENT AND EMPLOYMENT OF RESERVE PUBLIC EMPLOYEES

Article 4.- Recruitment of reserve public employees

1. The recruitment of reserve public employees must be carried out through examinations.

2. For those who volunteer to work for five years or more in highland, deep-lying, remote, border or island areas or in service of the requirements of building the contingent of officials and employees in regions inhabited by ethnic minority people, the recruitment may be carried out through consideration.

Article 5.- Criteria and conditions for participation in recruitment

Registrants for recruitment of reserve public employees must satisfy the professional criteria of the recruitment ranks they register for, and the following conditions:

1. Being Vietnamese citizens with permanent addresses in Vietnam;

2. Possessing good ethical qualities;

3. Being aged between full 18 years and 40 years;

4. Having written applications for recruitment participation, clear backgrounds; having adequate diplomas and certificates as prescribed for the recruitment ranks they register for;

5. Being physically fit for the performance of tasks;

6. Not being in the period of penal liability examination, serving imprisonment sentence, non-custodial reform, probation or subject to measures of commune-, ward- or township-based education or being sent to medical establishments or reformatories.

Based on the nature and characteristics of their professional operations, the recruiting agencies may add some conditions on recruitment participants.

Article 6.- Priorities in examinations for recruitment of reserve public employees

Priorities in the examinations for recruitment of reserve public employees shall be given to the following cases:

1. Armed Forces Heroes, Labor Heroes or war invalids shall have their total exam results added with 30 points;

2. Children of martyrs, war invalids or diseased soldiers, and holders of doctorares in training majors suitable to recruitment demands shall have their total exam results added with 20 points;

3. Those who hold master's degrees in training majors suitable to recruitment demands; graduates with good or excellent marks of various professional training grades suitable to recruitment demands; those who have fulfilled their military service obligations; youth volunteers and members of young intellectuals' groups voluntarily working in rural and mountainous areas for two years or more and having fulfilled their tasks, shall have their total exam results added with 10 points.

Article 7.- Priorities in consideration for recruitment of reserve public employees

Those who pledge to work voluntarily for five years or more in highland, deep-lying, remote, border or island areas shall be considered for recruitment in the following priority order:

1. Ethnic minority people and people residing in places where they volunteer to work;

2. Armed Forces Heroes, Labor Heroes;

3. War invalids;

4. Children of martyrs;

5. Children of war invalids or diseased soldiers;

6. Those who hold doctorates in training majors suitable to recruitment demands;

7. Those who hold master's degrees in training majors suitable to recruitment demands; graduates with good or excellent marks of various professional training grades suitable to recruitment demands; those who have fulfilled their military service obligations; youth volunteers and members of young intellectuals' groups voluntarily working in rural and mountainous areas for two years or more and having fulfilled their tasks.

Article 8.- Plans on recruitment of reserve public employees

1. When drawing up plans on public employees' payrolls, the State agencies competent to manage public employees shall have to work out plans on reserve public employees' payroll on the basis of the working demands and positions and the structure of public employees' ranks.

2. On the basis of reserve public employee's payroll quotas assigned annually, the State agencies competent to manage public employees shall elaborate plans on recruitment and employment of reserve public employees, covering: the number and ranks of public employees to be recruited according to agencies or units, the recruitment forms, criteria and conditions, the time for organizing the recruitment, and the estimated number of reserve public employees to be arranged in agencies or units.

3. The recruitment of reserve public employees may be organized for each public employee's rank.

Article 9.- Notices on recruitment of reserve public employees

1. Sixty days before organizing the examination for recruitment of reserve public employees, the agencies competent to manage public employees shall have to publicly announce on the mass media necessary information on the recruitment conditions, criteria and numbers of people to be recruited, recruitment time, contents and forms, requirements on recruitment participants' dossiers and contact addresses.

2. Recruitment participants must meet all criteria and conditions and submit their dossiers of participation in the recruitment as prescribed.

Article 10.- Preliminary selection

1. The preliminary selection of reserve public employees shall be carried out by the Preliminary Selection Councils of agencies, or organizations assigned by the agencies competent to manage public employees quotas on recruitment of reserve public employees.

2. The Preliminary Selection Councils shall be set up under decisions of the agency heads, each with 03 or 05 members including:

a/ The Council chairman being the head or deputy-head of the agency;

b/ The Council members being representatives of the leaderships of specialized sections of the agency;

c/ The Council member-cum-secretary being the official in charge of the recruitment work of the agency.

3. The Preliminary Selection Councils shall have the following tasks:

a/ To receive dossiers on recruitment participation;

b/ To consider and select participants who meet all criteria and conditions for recruitment;

c/ To report and submit to the heads of the agencies for decision the lists of those who are preliminarily selected. The number of preliminarily selected persons must be higher than the recruitment quotas by 1/3 (one third) or more. Cases where the number of preliminarily selected persons is not enough according to regulations must be reported to the Councils for recruitment of reserve public employees for consideration and decision;

d/ To submit lists and dossiers of recruitment participants to the Councils for recruitment of reserve public employees as prescribed.

Article 11.- Councils for recruitment of reserve public employees

1. The recruitment of reserve public employees shall be carried out by the Councils for recruitment of reserve public employees. The Recruitment Councils shall be set up under decisions of the heads of agencies competent to manage public employees.

2. A Recruitment Council shall have 05 or 07 members, including:

a/ The Council chairman being head or deputy head of the agency competent to manage public employees;

b/ The Council vice chairman being the person in charge of organization and personnel work of the agency competent to manage public employees;

c/ The Council members being representatives of leadership of specialized bodies of the agency competent to manage public employees;

d/ The Council member-cum-secretary being the official in charge of recruitment work of the agency.

3. A Recruitment Council shall be assisted by and Examination Superintendence Board and Examination Paper-Marking Board.

Article 12.- Tasks and powers of the Recruitment Councils

The Recruitment Councils shall work on the principle of collectivity, vote by majority, and have the following tasks and powers:

1. To announce plans on organization of the recruitment; rules and regulations; criteria and conditions for recruitment participation; examination subjects, forms, time and venues;

2. To organize the compilation of exam questions; to set up Examination Superintendence Boards and Examination Paper-Marking Boards;

3. To receive and consider dossiers of recruitment participation sent from the Preliminary Selection Councils; to announce the list of those meeting all conditions and criteria for recruitment participation.

4. To organize the recruitment examinations or consideration in strict accordance with regulations; to report the recruitment results to competent agencies for the latter to consider and issue decisions recognizing such results; and to announce the recruitment results;

5. To settle complaints and denunciations of recruitment participants.

Article 13.- Marking methods and passing the recruitment examinations

1. Each examination subject shall be marked on a 100-point scale.

2. Those who pass the recruitment examinations are those who take up all examination subjects and score at least 50 points for each and are in between the person who get the highest number of aggregate points and the person who is at the end of the recruitment quota.

3. The addition of points and determination of those who pass the recruitment examinations in priority cases prescribed in Article 6 of this Decree shall be carried out as follows: If the examinees are entitled to many priorities, they shall have their results added with the highest priority points and such priority points shall be added only to the aggregate points of all examination subjects.

4. In cases where there are many examinees scoring the same aggregate point for the last of the recruitment quota, the Recruitment Councils shall decide to organize other examinations in order to select the person scoring the highest number of points.

Article 14.- Passing the recruitment through consideration

Persons who pass the recruitment consideration are those who meet all criteria and conditions, and are considered and unanimously proposed by the Recruitment Councils to the agencies competent to manage public employees to issue decisions on recruitment of reserve public employees according to the provisions in Article 5 and Article 7 of this Decree.

Article 15.- Time limits for issuance of recruitment decisions and job acceptance

1. Within 30 days after announcing the recruitment results, the agencies competent to manage public employees shall issue decisions to recruit those who pass the recruitment examinations to work as reserve public employees.

2. Within 30 days as from the date of issuing the recruitment decisions, the recruits must go to the agencies to take up their jobs, if the recruitment decisions do not provide for other time limits.

3. In cases where for plausible reasons, the recruits cannot accept their jobs on time, they must file written applications for extension of the time limit for job acceptance and must get the consent of the agencies issuing the recruitment decisions. The extension duration must not exceed 30 days.

4. Past the above-stated time limit, if the recruits fail to go to the agencies for job acceptance, the agencies competent to manage public employees shall issue decisions annulling decisions on recruitment of reserve public employees.

Article 16.- Reserve public employee regime-applying period

The period of applying the reserve public employee regime shall be 24 months. During the period of reserve public employee regime application, the agencies competent to manage public employees shall have to help reserve public employees fulfill the fostering program on State administrative management knowledge.

Article 17.- Supervising reserve public employees

Agencies employing reserve public employees shall have the responsibility:

1. To guide reserve public employees to perform the tasks prescribed for their ranks according to probationary regime;

2. To appoint an experienced public employee of the same or higher rank to supervise the reserve public employee. Each time, one public employee shall supervise only one reserve public employee.

Article 18.- Regimes and policies toward reserve public employees and their supervisors

1. Reserve public employees shall enjoy 85% of the starting salary grade of the ranks to which they are recruited; reserve public employees having master's degrees suitable to recruitment demands shall enjoy 85% of the grade-two salary of the ranks to which they are recruited; reserve public employees having doctorates suitable to recruitment demands shall enjoy 85% of the grade-three salary of the ranks to which they are recruited.

2. The following reserve public employees shall enjoy 100% of salary and allowances (if any) of the ranks to which they are recruited as well as prescribed policies:

a/ Those who work in highland, deep-lying, remote, border or island areas;

b/ Those who do hazardous and/or dangerous occupations or jobs;

c/ Those who have fulfilled their military service obligations, youth volunteers and members of young intellectuals' groups voluntarily working in rural and mountainous areas for two years or more and having fulfilled their tasks.

3. Reserve public employees shall enjoy 100% of the currently paid salary of the ranks to which they are recruited and be considered for seniority-based salary rise when they have worked for a period equal to the probationary period prescribed for the ranks to which they are recruited.

4. Public employees who are assigned by their agencies to supervise reserve public employees shall enjoy responsibility allowances equal to 30% of the minimum wage level during the time they supervise the reserve public employees.

Article 19.- Evaluation and appointment of reserve public employees to public employee's ranks

1. After full 24 months' undergoing the reserve public employee regime, the reserve public employees shall have to make and send reports on the results of their task performance to the heads of agencies employing them.

2. Public employees assigned by their agencies to supervise reserve public employees shall make and send written comments and evaluation of these reserve public employees to the heads of agencies employing the reserve public employees.

3. The heads of the agencies employing reserve public employees shall give remarks on, and evaluate, task performance by reserve public employees and send reports thereon to the agencies competent to manage the public employees for the latter to consider and decide whether to appoint such reserve public employees to public employee's ranks.

4. For reserve public employees who are not appointed to public employee's ranks, the agencies issuing recruitment decisions shall annul such decisions, and such persons shall be paid one month's salary for each working year and allowances (if any) and the travel fare to their permanent residence places.

Chapter III

OBLIGATIONS AND INTERESTS OF, AND THINGS THAT MUST NOT BE DONE BY, RESERVE PUBLIC EMPLOYEES

Article 20.- Obligations

Reserve public employees shall have to perform obligations like officials and public employees as prescribed in Articles 6, 7 and 8 of the Ordinance on Officials and Public Employees.

Article 21.- Interests

Reserve public employees shall enjoy the following interests:

1. To enjoy interests like officials and employees as prescribed in Clauses 1, 2, 3, 5 and 6 of Article 9, and Articles 10, 11, 12, 13 and 14 of the Ordinance on Officials and Public Employees;

2. To enjoy regimes of social insurance, illness, labor accident, occupational disease, maternity and death allowances as prescribed in Articles 107, 142, 143 and 144 of the Labor Code. In cases where reserve public employees suffer from labor accidents, they shall be entitled to enjoy policies prescribed in Clause 2, Article 146 of the Labor Code;

3. To enjoy salaries and allowance regimes (if any) like public employees during the apprenticeship period. Besides, the reserve public employees shall be also entitled to enjoy other interests like officials and public employees in their working places.

Article 22.- Things must not be done by the reserve public employees

Reserve public employees shall have to abide by the regulations on things that must not be done by public employees in Articles 15, 16, 17 and 18 of the Ordinance on Officials and Public Employees.

Chapter IV

MANAGEMENT OF RESERVE PUBLIC EMPLOYEES

Article 23.- Tasks and powers of the Ministry of Home Affairs

The Ministry of Home Affairs shall be the Government's agency performing the State management over the reserve public employees and have the following tasks and powers:

1. To submit to the Government for approval plans on building the contingent of reserve public employees belonging to the State administrative management sector;

2. To submit to the Government for promulgation the salary and other preferential treatment regime for public employees;

3. To decide on the assignment of reserve public employee payroll quotas to the ministries, ministerial-level agencies, agencies attached to the Government and provincial-level People's Committees under the Prime Minister's authorization;

4. To promulgate the Regulation on recruitment of reserve public employees;

5. To provide for the compilation of reserve public employee' dossiers, registered numbers and cards as well as card-wearing regime;

6. To examine and inspect the implementation of the State regulations on reserve public employees;

7. To direct the settlement of complaints and denunciations related to reserve public employees according to law provisions on complaints and denunciations;

8. To provide for the programs and certificates of, and organize, training and fostering courses for reserve public employees according to the responsibility decentralization.

Article 24.- Tasks and powers of the ministries, ministerial-level agencies, agencies attached to the Government and provincial/municipal People's Committees

1. To allocate payroll quotas for recruitment and arrangement of reserve public employees;

2. To organize the recruitment of reserve public employees as prescribed;

3. To issue decisions on the recruitment of those who pass the recruitment examinations to work as reserve public employees; to assign and arrange reserve public employees to work in grassroots agencies and units; to extend the time limit for job acceptance by reserve public employees; to issue decisions annulling decisions on recruitment of reserve public employees who fail to fulfill their tasks; to decide on the appointment of reserve public employees to public employee's ranks;

4. To allocate funding to agencies and units employing reserve public employees for payment of wages, social insurance premiums and health insurance premiums as well as implementation of policies toward reserve public employees;

5. To quantitatively and qualitatively manage reserve public employees and implement regimes and policies for them;

6. To organize the examination and inspection of the observance of the State regulations on reserve public employees under their management;

7. To settle complaints and denunciations related to reserve public employees according to law provisions on complaints and denunciations;

8. To formulate plans on fostering State administrative management knowledge for reserve public employees.

Article 25.- Tasks and powers of agencies employing reserve public employees

Agencies employing reserve public employees shall have to following tasks and powers:

1. To organize the arrangement and assignment of tasks to reserve public employees, assign persons to supervise reserve public employees and implement the provisions in this Decree toward reserve public employees;

2. To arrange time for reserve public employees to fulfill the fostering program on State administrative management as prescribed;

3. To implement regimes and policies, pay salaries and social insurance premiums and health insurance premiums for reserve public employees;

4. To give remarks and evaluation on reserve public employees;

5. To commend and discipline reserve public employees according to their competence or propose competent authorities to commend or discipline them;

6. To compile and manage files of reserve public employees.

Chapter V

COMMENDATION, REWARDS AND DISCIPLINES

Article 26.- Commendation and reward

Reserve public employees who record achievements in performing their tasks shall be considered for commendation and/or rewards according to Article 37 of the Ordinance on Officials and Public Employees.

Article 27.- Discipline

1. Reserve public employees who commit law violations which are not serious enough for examination of penal liability, shall be subject to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

c/ Dismissal.

2. The disciplining of reserve public employees in the form of reprimand or caution shall be decided by the heads of agencies employing reserve public employees. The disciplining of reserve public employees in form of dismissal shall be decided by the heads of agencies competent to manage the public employees.

3. Reserve public employees who commit law violations which shows signs of criminal offenses shall be examined for penal liability according to law provisions. Reserve public employees who are sentenced to imprisonment shall be dismissed from their jobs as from the date the court's judgments or decisions take legal effect.

4. Reserve public employees who cause loss or damage to facilities and equipment or commit other acts of damaging the State's properties shall have to pay compensation therefor according to law provisions.

5. Reserve public employees commit acts of law violation while performing their tasks and public duties, thus causing damage to other persons shall have to reimburse to the agencies or organizations the amounts of money the latter have paid as compensation for the victims according to law provisions.

Article 28.- Disciplinary Councils

1. The disciplining of reserve public employees shall be considered and proposed by the Disciplinary Councils of the agencies employing the reserve public employees to competent agencies prescribed in Clause 2, Article 27 of this Decree for decision.

2. The Council for disciplining of reserve public employees shall be set up by the heads of agencies employing the reserve public employees, comprising:

a/ The head or deputy-head of the agency employing the reserve public employees as its chairman;

b/ The person in charge of organization and personnel work of the agency employing the reserve public employees and representative of the trade union or representative of public employees of the agency employing the reserve public employees (if the trade union has not yet been set up in the agency) as its members.

Article 29.- Consideration of disciplines and settlement of complaints about disciplines

The consideration of disciplines and the settlement of complaints about the disciplining of reserve public employees shall comply with Articles 41, 42, 44 and 45 of the Ordinance on Officials and Public Employees.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 30.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette.

Article 31.- Implementation-guiding responsibility

1. The Minister of Home Affairs shall have to guide the implementation of this Decree.

2. Competent agencies of political organizations shall base themselves on the provisions of this Decree to guide the application of the reserve public employee regime to agencies of political organizations or socio-political organizations.

Article 32.- Implementation responsibility

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People's Committees shall have to implement this Decree.