Decree 48/2023/ND-CP: Improving the evaluation and classification of cadres, civil servants and public employees

The Government issued Decree 48/2023/ND-CP dated July 17, 2023 amending and supplementing a number of articles of Decree 90/2020/ND-CP dated August 13, 2020 on assessment and classification of the quality of cadres, civil servants and public employees, which will take effect from September 15, 2023.

Supplementing principles for evaluating and classifying the quality of civil servants and public employees

According to current regulations, Decree 90/2020/ND-CP only stipulates 4 principles for assessment and classification, but Decree 48/2023/ND-CP has added 2 more principles. Specifically, regarding classification in cases of disciplinary action, cadres, civil servants, and public employees subject to party discipline or administrative discipline, the quality assessment and classification is as follows: cadres, civil servants, and public employees subject to party discipline or administrative discipline in the assessment year will be classified as not completing the task, except for the case specified in Point b of this Clause. In cases where there is no disciplinary decision by the competent authority but it has been used as a basis for assessment and classification of quality as not completing the task in the assessment year, the disciplinary decision issued after the assessment year for that violation (if any) will not be counted for assessment and classification of quality in the year of the disciplinary decision. In case a cadre, civil servant or public employee is a party member and has been subject to party discipline and administrative discipline for the same violation, but the party discipline decision and the administrative discipline decision do not take effect in the same year of assessment, it will only be considered as a basis for quality classification in one year of assessment.

Regarding the rate of cadres, civil servants and public employees classified as "Excellently completing tasks" among the total number of cadres, civil servants and public employees at the same agency, organization or unit and for each group of subjects with similar tasks, it must not exceed the rate of Party members classified as "Excellently completing tasks" according to Party regulations. In cases where agencies, organizations or units have outstanding achievements, exceed the assigned tasks plan, complete unexpected tasks well, propose or organize innovation, create positive changes, bring practical values and effectiveness, the competent authority shall decide on the rate of excellently completing tasks in accordance with reality, ensuring the rights and legitimate interests of cadres, civil servants and public employees.

Supplementing principles for evaluating and classifying the quality of cadres, civil servants and public employees

Accordingly, Clause 2, Article 1 of Decree 48/2023/ND-CP has added a provision that documents on the results of the assessment and classification of the quality of cadres, civil servants and public employees are kept in electronic form. In addition, the Assessment and Classification Form for the Quality of Cadres, Civil Servants and Public Employees and the Conclusion and written notification of the results of the assessment and classification of the quality of cadres, civil servants and public employees by competent authorities are also kept in writing in the cadre, civil servant and public employee's records.

Issue evaluation regulations appropriate to the characteristics of your agency, organization, or unit.

Decree 48/2023/ND-CP clearly states that, based on the regulations of the competent authority managing cadres, civil servants and public employees on quality assessment and classification, agencies, organizations and units employing cadres, civil servants and public employees shall promulgate assessment regulations suitable to the characteristics of their agencies, organizations and units.

According to current regulations, based on the specific conditions of the agency, organization, or unit, the head of the agency, organization, or unit managing civil servants and public employees shall issue or assign the head of the agency, organization, or unit using civil servants and public employees to issue an Evaluation Regulation suitable to the characteristics of their agency, organization, or unit.

New points in the criteria for classifying the quality of cadres, civil servants and public employees at the level of not completing tasks

Decree 48/2023/ND-CP has removed the phrase "during the performance of duties" in Clause 5, Article 7; Point c, Clause 1 and Point d, Clause 2, Article 11; Point c, Clause 1 and Point d, Clause 2, Article 15. Specifically, the criterion "Having committed a violation during the performance of duties and being disciplined in the assessment year" is amended to the criterion "Having committed a violation and being disciplined in the assessment year".

No reconsideration will be made for cases that have had quality classification results before September 15 , 2023 .

Article 2 stipulates that Decree 48/2023/ND-CP takes effect from September 15, 2023. Therefore, cases that have had quality classification results before the effective date of this Decree will not be reviewed. In cases where competent authorities have reviewed, assessed and classified the quality of cadres, civil servants and public employees before the effective date of this Decree, the provisions of law at that time shall continue to be applied for implementation.

Migration

Source