Management of cadres and civil servants in Vietnam

by Hà Ngọc

Vietnam law has regulations on management of cadres and civil servants. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what do management of cadres and civil servantscover? Who hascompetence to decide on payrolls of cadres and civil servants in Vietnam? Thanks for answering my questions!”

  • 2008 Vietnam Law on Cadres and Civil Servants

Management of cadres and civil servants

– Management of cadres and civil servants covers:

+ Promulgating, and organizing the implementation of. legal documents on cadres and civil servants;

+ Elaborating plannings and plans on cadres and civil servants:

+ Prescribing tittles and structure of cadres;

+ Prescribing ranks, titles and codes of civil servants; descriptions, working positions and structure of civil servants for determining payrolls;

+ Other affairs related to the management of cadres and civil servants under Vietnam Law on Cadres and Civil servants.

– Competent agencies of the Communist Party of Vietnam, the Standing Committee of the National Assembly and the Government shall specify the contents of management of cadres and civil servants prescribed in this Article.

Competence to decide on payrolls of cadres and civil servants

– The competence to decide on cadre payrolls complies with laws and regulations of competent agencies of the Communist Party of Vietnam.

– The Standing Committee of the National Assembly shall decide on civil servant payrolls of the Office of the National Assembly, the State Audit, the Supreme People’s Court and the Supreme People’s Procuracy.

– The President shall decide on the civil servant payroll of the Office of the President.

– The Government shall decide on civil servant payrolls of ministries, ministerial-level agencies, government-attached agencies, provincial-level agencies, and public non-business units of the State.

– On the basis of decisions on payroll quotas assigned by the Government, provincial-level People’s Councils shall decide on civil servant payrolls of agencies of People’s Councils and People’s Committees, and public non-business units of People’s Committees at all levels.

– Competent agencies of the Communist Party of Vietnam shall decide on civil servant payrolls of agencies and public non-business units of the Party and socio-political organizations.

Management of cadres and civil servants

– The management of cadres and civil servants complies with Vietnam Law on Cadres and Civil servants, other relevant laws, the Statutes of the Communist Party of Vietnam and socio-political organizations, and documents of competent agencies and organizations.

– The Government performs the unified management of civil servants.

The Ministry of Home Affairs shall take responsibility to the Government for performing the state management of civil servants.

Ministries, ministerial-level agencies and provincial-level People’s Committees shall, within the scope of their tasks and powers, perform the state management of civil servants according to the Government’s assignment and decentralization.

District-level People’s Committees shall, within the scope of their tasks and powers, perform the state management of civil servants according to provincial-level People’s Committees’ assignment and decentralization.

– Competent agencies of the Communist Party of Vietnam and socio-political organizations shall, within the scope of their tasks and powers, perform the state management of civil servants according to competent authorities decentralization and the Government’s regulations.

Management of cadres and civil servants in Vietnam
Management of cadres and civil servants in Vietnam

Cadre and civil servant management reporting regime

– Annually the Government shall report to the National Assembly on cadre and civil servant management.

– The preparation of the Government’s reports on cadre and civil servant management is prescribed below:

+ Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall report on the management of cadres and civil servants under their respective management;

+ The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, the Office of the National Assembly and the Office of the President shall report on the management of cadres and civil servants under their respective management;

+ Competent agencies of the Communist Party of Vietnam and socio-political organizations shall report on the management of cadres and civil servants under their respective management.

Reports mentioned at Points a, b and c of this Clause shall be sent to the Government before September 30 every year for sum-up and preparation of reports to the National Assembly.

– The preparation of reports on the management of cadres in agencies of the Communist Party of Vietnam and socio-political organizations complies with laws and regulations of competent agencies.

– Reports on cadre and civil servant management have the contents as prescribed in Article 65 of Vietnam Law on Cadres and Civil servants.

Management of cadre and civil servant records

– Competent agencies, organizations and units shall manage records of cadres and civil servants under their management. Cadre and civil servant records must fully contain prescribed documents to accurately reflect the working process of cadres and civil servants.

– Competent agencies of the Communist Party of Vietnam shall guide the compilation and management of records of cadres and civil servants under their respective management.

– The Ministry of Home Affairs shall guide the compilation and management of cadre and civil servant records, except for the case mentioned in Clause 2 of this Article.

Regulations on Public offices

– Public offices are working offices of agencies of the Communist Party of Vietnam, the State, socio-political organizations and public non-business units, have own names and specific addresses, including construction works and other assets within the premises of working offices.

– The State invests in building public offices for agencies of the Communist Party of Vietnam, the State and socio-political organizations.

– The size, location and design criteria of public offices shall be prescribed by competent agencies to suit the functions, tasks and organizational apparatuses of each agency, organization and unit already approved by competent state agencies and use standards and norms.

Regulations on Public-duty houses

– The Stale invests in building public-duty houses for lease to cadres and civil servants during the period of transfer, rotation or secondment. At the end of this period, cadres and civil servants shall return public-duty houses to agencies, organizations and units managing these houses.

– Agencies, organizations and units managing public-duty houses shall ensure the management and use of these houses for proper purposes and users.

Regulations on Working equipment in public-offices

– The State ensures working equipment in public offices to serve public-duty performance: attaches importance to investing in and applying information technology to increase the effectiveness of public-duty performance.

– On the basis of task requirements, agencies, organizations and units shall procure working equipment according to standards and norms for and regulations on management and use of state assets.

– Heads of agencies, organizations and units shall formulate regulations on management of working equipment in public offices, ensuring efficiency and thrift.

Regulations on Vehicles for travel in public-duty performance

The State arranges vehicles for travel of cadres and civil servants to perform public duties in accordance with the law on management and use of state assets; if vehicles cannot be arranged, cadres and civil servants may be paid for travel expenses according to the Government’s.

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Frequently asked questions

Who shall specify the contents of management of cadres and civil servants?

Competent agencies of the Communist Party of Vietnam, the Standing Committee of the National Assembly and the Government shall specify the contents of management of cadres and civil servants

Does the State ensure working equipment in public offices?

The State ensures working equipment in public offices to serve public-duty performance: attaches importance to investing in and applying information technology to increase the effectiveness of public-duty performance.

What does Public offices mean?

Public offices are working offices of agencies of the Communist Party of Vietnam, the State, socio-political organizations and public non-business units, have own names and specific addresses, including construction works and other assets within the premises of working offices.

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