The role of public officials is crucial in the development and progress of any nation. They take responsibility for implementing policies and regulations that shape the country’s future. Vietnam, a rapidly developing country, has seen an increased emphasis on enhancing its public administration system to keep up with international standards. In this regard, one of the initiatives taken by the Vietnamese government is to send its public officials to training programs overseas. In this article, LSX legal firm provides: “Regulation on sending Vietnamese public officials training overseas”
Legal grounds
- Law on Cadres and Civil Servants consolidated
- Decree 111/2017/ND-CP
- Law on Public Employee consolidated
- Circular 19/2014/TT-BNV
- Circular 01/2018/TT-BNV
Cadres, Civil Servant and Public Employee under Vietnamese legislation
Article 4 of the Consolidated text of the Law on Cadres and Civil Servants 2019 provides definitions of Cadres and Civil Servants of Vietnam as follows:
Article 4. Cadres, civil servants
1. Cadres are Vietnamese citizens who are elected, approved, and appointed corresponding to the position of agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central level, in provinces and centrally run cities (below collectively referred to as provincial level), in districts, towns and provincial cities (below collectively referred to as district level), included in the payrolls and salaried from the state budget.
2. Civil servants are Vietnamese citizens who are recruited and appointed to ranks, posts, or titles in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central, provincial, and district levels; in People’s Army agencies and units, other than officers, professional military personnel and defense workers; in People’s Police offices, included in the payrolls and salaried from the state budget.
3. Commune, ward, and township officials (hereinafter collectively referred to as commune level) are Vietnamese citizens, elected to hold positions according to term in the Standing Committee of the People’s Council, People’s Committee, Secretary, Deputy Secretary of the Party Committee, head of socio-political organizations; commune-level civil servants are Vietnamese citizens who are recruited to hold a professional title under the commune-level People’s Committee, on the payrolls and receive a salary from the state budget.
Besides, Article 2 of the Law on Public Employee:
Article 2. Public Employee
Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.
Thus, public Officials are individuals who hold positions in government institutions or agencies. Their roles and responsibilities can vary depending on their level of authority and the nature of their job.
Public Employees can be anyone who is employed by the government to work at public non-business units. They perform a wide range of duties and responsibilities, such as administrative work, public safety, or providing social services.
Rights and Obligations of Cadres, Civil Servant and Public Employees sent for training
Rights of cadres, civil servants, and public employees according to Decree 101/2017/ND-CP:
Article 37. Rights of Cadres, Civil Servant and Public Employees sent for training
1. For cadres, public officials and public employees sent to undergo domestic training and refresher training:
a) Undergo training and refresher training at the convenient time arranged by the authority managing and employing them and be provided with funding by such authority as prescribed;
b) Be entitled to include the training and refresher training time in consecutive working time;
c) Be entitled to benefits and allowances under regulations of law;
d) Be praised and commended for excellent training or refresher training results..
2. Cadres, public officials and public employees sent to undergo overseas training and refresher training enjoy the rights in accordance with regulations of law and of authorities and units.
3. Female cadres, public officials and public employees and cadres, public officials and public employees who are ethnics shall, in addition to the rights specified in Clauses 1 and 2 of this Article, enjoy the rights as prescribed by regulations of law on gender equality and ethnic minority affairs.
Clause 2, Article 9, Circular 01/2018/TT-BNV stipulates the responsibilities and duties of cadres, civil servants, and public employees sent to overseas training as follows:
- Responsibilities and duties of cadres, civil servants and public employees sent to overseas training courses:
a) Fully comply with regulations on management of delegations and cadres, civil servants, and public employees going to study and research abroad; comply with the direction of the team leader;
b) Obey the law, respect the customs, habits, and cultural traditions of the country where they study, and the rules of the training and retraining institutions and accommodation establishments;
c) Report on learning results as prescribed.
Principles of training civil servants
Under Decree 101/2017/ND-CP, the principles for training of Civil servants are set out with the following terms:
- Provide training and refresher training based on public official pay grade standards, public employees’ professional title standards; leadership and managerial position standards; working positions; in association with the employment and management of cadres, public officials, and public employees, and in conformity with the training and refresher training plans and demands for developing human resources of authorities and units.
- Carry out assignment and delegation in the provision of refresher training based on the public official pay grade standards, public employees’ professional title standards, leadership and managerial position standards; associate assignment, and competitiveness in the provision of refresher training depending on working positions.
- Promote self-study and selection of refresher training programs depending on the working positions of cadres, public officials, and public employees.
- Ensure publicity, transparency, and effectiveness.
Regulation on sending Vietnamese public officials, public employee and cadres training overseas
Requirements for the appointment
- The country selected as the one to which cadres, public officials, and public employees are sent to must satisfy the following requirements:
- Has a modern administration system, has managerial experience in the area of study or research in which they are enrolled and which can be applied in Vietnam;
- Training and refresher training institutions provide conditions of learning and research, and teaching methodologies that are relevant to the purposes, contents, and programs of refresher training courses.
2. The organization of overseas refresher training shall ensure publicity, transparency, quality, and efficiency.
3. Sending cadres, public officials, and public employees to undergo overseas refresher training must suit the needs of authorities and units.
Conditions for receiving overseas training
- For refresher training courses with a duration of less than 01 month, cadres, public officials, and public employees must be old enough to work for at least 18 months from the beginning of the refresher training course.
- For refresher training courses with a duration of at least 01 month, cadres, public officials, and public employees must be old enough to work for at least 02 years from the beginning of the refresher training course.
- Cadres, public officials, and public employees are not being considered to face a disciplinary penalty, are not facing a disciplinary penalty or facing a disciplinary penalty that is a reprimand or heavier; are not those who have yet to be permitted for entry or exit as prescribed by law.
- Cadres, civil servants, and public employees who are sent for training must successfully complete their assigned tasks in the preceding year.
- Professional expertise of cadres, public officials, and public employees sent to undergo refresher training must be suitable for the contents of refresher training courses.
- Cadres, public officials, and public employees must be physically fit to satisfy the requirements of refresher training courses.
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Frequently asked questions
Any cadre, public employee or public official sent to undergo training at an intermediate level (or higher) covered by the state budget or funding of the authority managing or employing him/her must compensate for the training costs in case of having an act listed on Article 7, Decree 101/2017/ND-CP.
1. He/She drops out or quits his/her job without permission or unilaterally terminates the employment contract during the training period.
2, He/She is not granted a graduation diploma by the training institution.
3. He/She has completed the training course and obtained a graduation diploma but has quitted his/her job or unilaterally terminated the employment contract prior to fully serving for the committed period prescribed in Article 5 or 6 of Decree 101/2017/ND-CP.
Firstly, probation.
Secondly, public official rank standards- and public employees’ professional title standard-based refresher training.
Thirdly, training prior to appointment of a leadership or managerial position.
Lastly, training under requirements of a working position; annual compulsory refresher training in professional knowledge and skills (the training duration is at least 01 week/01 year; 01 week is equivalent to 05 days of training and 01 day of training has 8 periods).
Conclusion: So the above is Regulation on sending Vietnamese public officials training overseas. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
