Consulting public opinion on draft Decree on job positions and public employee payroll

(HNMO) - The Ministry of Home Affairs is seeking public opinions on the draft Decree "On job positions and public employee payroll, number of employees in administrative agencies, organizations, and public service units".

According to the Ministry of Home Affairs, Clause 2 of Conclusion No. 40-KL/TU stipulates that the assigned payroll for the 2022-2026 period does not include contract workers. Agencies, organizations, and units shall decide on the use of labor contracts and pay salaries and allowances to contract workers according to regulations from the regular expenditure budget of the agency or unit.

Accordingly, the number of people working in support and service positions will not be counted in the total payroll assigned by the competent authority according to regulations and will not be determined in the civil servant structure according to the Party's policy in Resolution No. 19-NQ/TU, so the regulations on the basis for determining the civil servant payroll and the number of employees in Decree No. 62/2020/ND-CP and Decree No. 106/2020/ND-CP are no longer suitable and need to be amended.

According to Regulation No. 70-QD/TU, the Politburo has assigned the authority to manage the payroll to: The Central Organizing Committee is the standing body of the Central Steering Committee on payroll management and directly manages the payroll of provincial and municipal Party Committees; the Government Party Personnel Committee directly manages the payroll of ministries, ministerial-level agencies; agencies under the Government; organizations established by the Government and the Prime Minister; Vietnamese representative agencies abroad; public service units at the Central level; mass organizations assigned tasks by the Party and State at the Central level; civil servants in public service units...

Therefore, the regulations on procedures for approving staffing, responsibilities, management authority, staffing decisions, and staffing adjustments in Decree No. 62/2020/ND-CP and Decree No. 106/2020/ND-CP are no longer suitable and need to be amended.

In addition, in the process of implementing Decree No. 62/2020/ND-CP, there are still problems such as: The responsibility for guiding the positions of leadership and management in administrative agencies and organizations has not been clearly defined; the agency transferring the payroll of civil servants working between one country and another at the request of ministries, branches and opinions of the Ministry of Foreign Affairs has not been specified.

To solve the above issues and to implement Resolution No. 04/NQ-CP on promoting decentralization and delegation of power in state management, institutionalizing relevant regulations of the Party, it is necessary to develop a Decree to replace Decree No. 62/2020/ND-CP and Decree No. 106/2020/ND-CP.

The draft Decree “On job positions and public employee payroll, number of employees in administrative agencies, organizations, and public service units” consists of 5 chapters and 30 articles. In particular, the Ministry of Home Affairs proposes a number of new contents of the draft Decree compared to Decree No. 62/2020/ND-CP, Decree No. 106/2020/ND-CP including: Amending and supplementing regulations on principles for determining job positions and managing public employee payroll and career payroll; amending regulations on procedures for approving public employee payroll from annual to “5 years” to comply with payroll management regulations in Regulation No. 70-QD/TU and appraisal; amending and supplementing the authority and responsibility of agencies and organizations in appraising and assigning public employee payroll and career payroll; Amending and supplementing the authority and responsibility for transferring civil servant payrolls and the number of employees between ministries and branches or between ministries and branches and localities or between ministries and branches and localities and the Central Organizing Committee, the Office of the National Assembly, the Office of the President, the Supreme People's Court, the Supreme People's Procuracy, the State Audit; deciding on transferring civil servant payrolls working abroad from one country to another.

The draft Decree also supplements the authority and responsibility of heads of administrative agencies and organizations under ministries, branches and localities; removes the regulation that ministries, branches and localities that do not submit plans for civil servant staffing and the number of employees according to regulations will be considered for a staff reduction rate higher than 1% with the staff reduction rate according to the annual roadmap; supplements the regulation on responsibility for guiding the positions of leadership and management positions in administrative agencies and organizations; supplements the responsibilities and authority of heads of administrative agencies and organizations under ministries, branches and localities.

When approved, this Decree replaces Decree No. 62/2020/ND-CP dated June 1, 2020 of the Government on job positions and civil servant payroll and Decree No. 106/2020/ND-CP dated September 10, 2020 of the Government on job positions and number of employees in public service units.

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