Ministry of Home Affairs to draft the Decree amending and supplementing several articles in the Decree No. 36/2013/ND-CP by the Government on occupational positions and civil servant rank structure.

          Decree No.36/2013/ND-CP by the Government has formulated the legal base for ministries, sectors, localities to proceed the preparation and submission to MOHA for approval of the occupational position category in State Administrative Agencies and Institutions, which facilitates renovation in recruitment and contributes to enhance the efficiency, effectiveness of SSAs their operation.

          However, after 5 years of implementation, the Decree No.36 revealed the following limitations as the legal document, the Law on the Organization of Government promulgated in 2001, on which the Decree was based, was replaced by the Law on the Organization of Government promulgated in 2015.

          In the Decree No.36, the sanction forms applied to the head of ministry, sector, provincial people committee in the case of violation of stipulations on occupational positions and rank structure have not been regulated. Therefore, this issue is to be covered in the drafted amended law.

          It is directed in the Resolution No. 27-NQ/TW dated 21 May 2018 at the 7th Plenary Session of the Central Committee of the Party on reforming salary policy for cadres, civil servants, public employees, armed forces and laborers working in enterprises that agencies, institutions, units in the political system directly set up and complete the occupational position category, job description, identification of CS rank structure and competency frame for each management title, rank title and occupational position, and ensure the implementation of retrenchment as regulated, and consider this as the fundamental solutions, the premise for reforming salary. Accordingly, the regulation that the Ministry of Home Affairs directly approves the OPC and the rank structure of civil servants as stipulated at the Decree No.36 did not catch up with the Party’s spirit specified in this Resolution.

          In order to overcome the above mentioned limitation and to boost up decentralization, assign responsibilties for ministries, sectors and localities to speed up the process of setting up and approving their OPC and CS rank structure, the amendment of the Decree No.36/2013/ND-CP is essential.

          New contents in the drafted Decree

          About the occupational positions and occupational position classification: In this drafted Decree, regulations on occupational positions are classified by amount, characteristics and contents of work. Accordingly, it is proposed that the drafted Decree should have the Item 3 Article 3 amended as follows:

          “Occupational positions are classified as follows:

          a. By work amount: Occupational position held by one person; occupational position held by many people; co-held occupational position.

          b. By characteristics, contents of work: Leading, managerial position; professional, specialized position; supporting, servicing position”.

          About the authority to approve the OPC and CS rank structure: In order to boost up the decentralization following the spirit of the 6th and 7th Plenary Sessions of the Central Committee of the Party as above-mentioned, it is proposed in the drafted Decrre to amend the regulations to change the allocation of authority and decisions in approving the OPC, CS rank structure in agencies, institutions in ministries, sectors, localities from under the jurisdiction of the Ministry of Home Affairs to be decentralized and assigned to the head of ministries, sector or localities to carry out the implementation. Accordingly, Minister of the Ministry of Home Affairs retains the function to promulgate the Circular providing instructions of the occupational position classification method, arrangements to set up and decision on the approval of the Proposal on ocupational positions and CS rank structure; and monitoring, inspecting the implementation of ministries, sectors and localities.

          Therefore, the drafted Decree shall amend and supplement Item 1 Article 9; Item 1, Item 2, Item 4 Article 10; Item 3 Article 11; Item 2 Article 13 and Item 2 Article 14; concurrently, supplement 03 items at Article 13, 02 items at Article 14 and abolish contents of regulations at Item 2 Article 15...

          The Ministry of Home Affairs is in the progress of collecting feedbacks from citizens towards this drafted Decree through the E-Portal of the Ministry.

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Translated by QG