Solution 4 - Develop a Government Decree Regulating the List and Periodic Time Limit for Job Position Transfers for Certain Industries,

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1. Develop a plan to organize the entrance exam or selection (if any).

2. Publicly announce the recruitment plan, exam regulations, admission standards and conditions, exam subjects, exam format and content, exam time and location according to regulations, and exam fees.

3. Receive and review application documents; organize preliminary selection (if any); publicly announce the list of qualified candidates and criteria; Send notices to candidates to attend the exam.

4. Establish an examination board, a marking board, and a test marking board.

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5. Organize the collection of application fees and expenditures according to regulations.

6. Organize exams or recruitment according to regulations.

7. Direct and organize the marking of exams according to regulations.

8. Report recruitment results to competent authorities for consideration and decision to recognize results; announce recruitment results.

9. Resolve complaints and denunciations of candidates".

Similarly, the Civil Service Promotion Examination Council also stipulates specific functions and tasks similar to the Civil Service and Reserve Civil Service Examination Council.

- Regulations on transferring civil servants from type B, type C to type A civil servants or from type C civil servants to type B civil servants:

Previously, these regulations were expressed in regular administrative documents. Recently, in 2005, Circular No. 74/2005/BNV-TT also stipulated this content, but if these documents stipulate this content, it is not in accordance with the Law on promulgation of legal documents because the Circular only has the task of guiding the implementation of the Decree, while administrative documents cannot contain legal elements. Therefore, it is necessary to include this content when amending and supplementing a number of articles of Decree No. 117/2003/ND-CP.

3.4.1.2. Second solution - Develop a Decision of the Prime Minister regulating the civil servant evaluation regime to replace Decision No. 11/1998/QD-TCCP-CCVC dated December 5, 1998 of the Minister - Head of the Government Organization and Personnel Committee (now the Ministry of Home Affairs) on the annual civil servant evaluation regime to amend and supplement the civil servant evaluation regime, including the following contents:

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- Clearly define the authority of the head in evaluating civil servants and the head must be responsible for the evaluation conclusion for civil servants.

- The rate of civil servants achieving excellent, good, average and poor grades must be linked to the level of task completion of the agency or organization and decided by the direct superior (excellent task completion, task completion, task incomplete):

* If the agency excellently completes its tasks in that year, the rate of civil servant classification compared to the total number of civil servants is specified as: Excellent (70%); Good (20%); Average (10%).

* If the agency completes its tasks at a fair level in that year, the rate of civil servant classification compared to the total number of civil servants is specified as: Excellent (30%); Fair (50%); Average (20%).

* If the agency completes its tasks at an average level in that year, the rate of civil servant classification compared to the total number of civil servants is specified as: Excellent (0%); Fair (10%); Average (from 70% to 90%); Poor (from 0% to 20%).

* If the agency fails to complete its tasks in that year, the rate of civil servant classification compared to the total number of civil servants is specified as: Excellent (0%); Fair (0%); Average (from 80% to 90%); Poor (from 10% to 20%).

- The assessment content needs to be revised to prioritize task completion. Including assessment of the following contents:

1- Number of completed tasks.

2- Quality of completion of public service. 3- Progress of completion of public service.

4- On the spirit of coordination in performing public duties.

5- On compliance with discipline in the performance of public duties.

6- On participating in training and improving professional qualifications. 7- On activities, lifestyle and relationships with colleagues in the agency. 8- On the spirit and attitude of serving the people.

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3.4.1.3. Third solution - Develop and submit to the Prime Minister for promulgation a Decision amending and supplementing Decision No. 27/2003/QD-TTg dated February 19, 2003 of the Prime Minister on the Regulations on appointment, reappointment, rotation, resignation, and dismissal of leading civil servants.

The revised appointment regulations focus on the following issues:

- Clearly and specifically stipulate the procedures and records for reappointing civil servants as leaders. In the direction that the reappointment records do not have to be redone like the first appointment records, but only add additional contents arising during the time holding the leadership position such as rewards, salary increase or promotion, newly issued diplomas and certificates of training and development, especially the civil servant's performance evaluation during the appointment period.

- Abolish the regulation on consulting the local Party Committee when appointing or reappointing civil servants at the level of heads of vertical sectors in provinces and centrally run cities. Similar to the regulation that provinces and centrally run cities must reach an agreement with specialized ministries when appointing heads of departments, branches and sectors.

- The regulation of the age for first appointment while not abolished should be regulated at the district level similar to that of the Central Ministries and Branches. That is, a unified regulation: men not over 55 years old, women not over 50 years old. (Currently, at the district level, men and women are regulated not over 45 years old). In the long term, it is necessary to study the abolition of the regulation on appointment age. In countries around the world, people only regulate recruitment and retirement ages, but do not regulate recruitment age.

- Since there is currently no regulation that "if the term of appointment expires and the leading civil servant has not been reappointed, can the leading civil servant continue to lead the unit?" Therefore, it is necessary to add a regulation that the time for considering re-appointment must be carried out 3 months before the term of appointment expires.

- Clearly define the authority of the head to propose appointing deputies and take personal responsibility for his/her deputies.

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3.4.1.4. Solution 4 - Develop a Government Decree stipulating the list and periodic deadline for job position transfers for a number of sectors and fields in state agencies.

This is a legal document developed to implement the Law on Anti-Corruption, but at the same time, it is also a regulation to implement the management of civil servants, minimize the causes of corruption and build a team of clean and honest civil servants. This document includes the following contents:

* Regulate the list and periodically transfer job positions for civil servants working in agencies related to the management of the State budget and assets or directly contacting and handling the work of agencies, organizations, units and citizens.

* Periodic job transfer is a mandatory period of time for re-arranging and reassigning job positions for civil servants within the scope of the assigned professional and technical field.

* Principles for implementing periodic job rotation include:

- Periodic job rotation is mandatory for civil servants.

- Must be implemented on the basis of objectivity, impartiality, science and rationality, against factionalism and individualism.

- Must ensure publicity and enhance the responsibility of agency leaders.

- Do not periodically change job positions that are contrary to the professional field you are working in or are in charge of or managing.

* Periodic job transfer period:

- For leading civil servants who are not subject to planning or rotation, the period for periodic review of job position transfer is one appointment term.

- For professional civil servants, the job transfer period is 3 years (36 months).

- For civil servants who directly handle regular, daily work related to the rights and interests of citizens and organizations, the job transfer period is 1 year (full 12 months).

* Content of periodic job position transfer:

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- Change of job position related to the management monitoring area.

- Change of job position related to the subject, agency, organization monitoring and management.

* List of positions that must be periodically rotated related to the following areas:

- Management of state budget and assets.

- Activities of law enforcement agencies: customs, tax, treasury, market management, forestry, banking, currency.

- Issuance of investment licenses, basic construction and project management.

- Traffic police, enforcement, prison management, household registration, civil status,

investigation, immigration management

- Import and export management, urban construction order, registration, issuance

3.4.1.5. Solution 5 - Develop a Government Decree regulating the inspection and examination of the performance of duties and responsibilities of civil servants in the process of performing public duties and serving organizations and citizens.

The subjects and contents of these regulations on inspection regime include the following contents:

*Inspection subjects include: Civil servants working in state administrative agencies under the management of Ministries, ministerial-level agencies, Government agencies and People's Councils and People's Committees at all levels.

* Inspection and examination contents include:

- The exercise of authority of civil servants in handling the work of organizations and citizens according to the provisions of law.

- Responsibility for guiding and ensuring publicity and transparency of administrative procedures for organizations and citizens.

- Ensuring the order, process, procedures and time to handle work according to the provisions of law.

- Service attitude, respect and guarantee of legitimate rights and interests of citizen organizations.

- Comply with the legal leadership and direction of superiors in handling the work of organizations and citizens.

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- Responsibility of leading officials in directing, organizing, implementing and inspecting the performance of public duties by civil servants under their authority to resolve the work of organizations and citizens according to the provisions of law.

3.4.1.6. Solution 6 - Continue to amend, supplement or build new civil servant ranks. To ensure that the contents and amendments to civil servant ranks are consistent in content and structure, it is necessary to first develop a legal document (Decision of the Prime Minister or Decision of the Ministry assigned to manage the state on civil servants) regulating the contents and structure of civil servant ranks. Accordingly, civil servant ranks are structured with additional regulations on rank standards including:

- Quality standards.

- Competency standards.

- Qualification standards.

In those standards, it is necessary to emphasize the competency standard because this standard shows the ability to perform tasks and public services in each position of civil servants. That is the basis for management agencies to select, train, foster, plan, evaluate, etc. civil servants accurately and effectively. In addition, the quality standard must also be studied to stipulate the general qualities of civil servants and other qualities corresponding to the characteristics and nature of each specialized field of state management.

Based on the unified content and structure, competent authorities will develop, amend or supplement specific civil servant positions.

3.4.1.7. Solution 7 - Develop and submit to the Government for promulgation a Decree regulating the personal responsibility regime for heads of state administrative agencies.

In order to enhance the personal responsibility of leading civil servants in organizing the implementation of the work plan of the agency according to the assigned functions and tasks, the Government needs to develop a Decree regulating the personal responsibility regime for heads of state administrative agencies. This will regulate the personal responsibility regime of the person.

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The regulations on personal responsibility for heads include issues such as: content of the personal responsibility regime for heads; basis for determining the personal responsibility regime; responsibility of the competent authority to appoint or assign tasks to heads of administrative agencies; cases of handling personal responsibility for heads; rewards and handling of violations. Regulations on personal responsibility regime for heads aim to enhance the responsibility of heads in organizing the implementation of assigned tasks fully, within the prescribed time and ensuring quality, ensuring that administrative activities under their management authority are smooth, effective and efficient; organizing recruitment, use and management of civil servants according to their authority in accordance with the provisions of law; effectively using State finance, land, equipment and assets, preventing damage, loss, corruption and waste. In addition, the regulation of personal responsibility also creates a basis for superiors to ensure that when delegating authority, it is commensurate with the duties and responsibilities of the leader. This contributes to improving the quality of management of the leading civil servant team.

3.4.1.8. Solution 8 - Develop and submit to the Government for promulgation a number of regulations related to other preferential policies for civil servants: Currently, there are a number of issues such as the professions and jobs that civil servants are not allowed to do and preferential policies for those who must comply with these regulations; what are the policies and regimes for civil servants who are injured or sacrificed while performing their official duties, although the Ordinance on Civil Servants stipulates that they will enjoy policies like war invalids or be recognized as martyrs, but currently there is no document detailing the process, procedures, and documents for implementation; or the Ordinance on Civil Servants has assigned the Government to regulate the consulting work of civil servants, but up to now there is no document regulating this.

The above issues are all related to the regime and policies for civil servants, so implementing this solution will contribute to perfecting the regime and policies for civil servants and will include the following documents:

- Develop a draft Government Decree specifying the list of occupations, jobs, and time limits that civil servants are not allowed to do, and preferential policies for those who must comply with these regulations.

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- Draft a Government Decree regulating the regime and policies for civil servants injured or killed while performing official duties.

- Draft a Government Decree specifying the consulting work of civil servants.

3.4.1.9. Solution 9: Strengthen and maintain the civil servant statistical reporting system

In order to better serve the management of civil servants, analyze and evaluate the quality of civil servants in state agencies, thereby being able to analyze and plan strategies for developing civil service human resources in future periods, it is necessary to consolidate and maintain the civil servant statistics system. In the current conditions, with the development of information technology, it is necessary to build civil servant management software and submit it to the Prime Minister for approval, then put it into unified use within the entire system of state agencies from central to local levels. Civil servant management software must show reporting forms on the quantity and quality of civil servants in general, and at the same time of civil servants according to other criteria such as civil servants in the central and local sectors; leading civil servants, women, ethnic groups. In addition, the reporting system also includes the increase and decrease in the number of civil servants; results of recruitment exams, promotion exams; results of rewards and disciplines, results of annual civil servant evaluations; Results of initial appointment and reappointment....

3.4.2. Long-term solutions (from 2008 to 2020):

3.4.2.1. First solution - Implementing innovation in the Party's leadership method for personnel work and continuing to improve the decentralization of civil servant management in the system of state administrative agencies

Review the Party's regulations on the appointment, transfer, and rotation of leading civil servants, abolish unnecessary regulations on procedures and processes in the process of appointment and transfer of leading civil servants. In the system of state administrative agencies, promote the decentralization of the use and management of civil servants according to the principle of enhancing the role and responsibility of heads of state agencies in the use and management of civil servants in administrative aspects: arrangement, assignment of work, internal transfer within the scope of management, salary payment, salary increase, appointment from the deputy level of the head.

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