Determining the Structure of Official Ranks in Administrative Agencies and Organizations: Based on What Grounds? What is the Implementation Procedure?
On what basis is the structure of ranks of officials in administrative agencies and organizations determined?
According to Article 2 of Circular 13/2022/TT-BNV, the basis for determining the structure of ranks of officials is provided as follows:
Basis for determining the structure of ranks of officials
1. The determination of the structure of ranks of officials in each administrative agency and organization of the ministries, central authorities, and local authorities is based on:
a) The list of professional specialist official positions and general professional official positions as guided by the Ministry of Home Affairs and other ministry managements in accordance with Decree No. 62/2020/ND-CP dated June 1, 2020, of the Government of Vietnam on official positions and official staffing;
b) The complexity of the work and the number of official staff needed for each position in the agency or organization as approved by the competent authority;
c) The standards for the ranks of professional specialists corresponding to each position.
2. When determining the structure of ranks of officials in administrative agencies and organizations, officials holding leadership or management positions are not considered.
Hence, the determination of the structure of ranks of officials is based on the following:
- For administrative agencies and organizations of the ministries, central authorities, and local authorities, it is based on three criteria specifically:
+ The list of professional specialist official positions and general professional official positions as guided by the Ministry of Home Affairs and other ministry managements in accordance with Decree 62/2020/ND-CP.
+ The complexity of the work and the number of official staff needed for each position in the agency or organization as approved by the competent authority.
+ The standards for the ranks of professional specialists corresponding to each position.
- When determining the structure of ranks of officials for administrative agencies and organizations, officials holding leadership or management positions are not considered.
On what basis is the structure of ranks of officials in administrative agencies and organizations determined? What is the procedure for implementation?
How does the competent authority guide the determination of the structure of ranks of officials?
According to Article 4 of Circular 13/2022/TT-BNV, the competent authority guides the determination of the structure of ranks of officials as follows:
- Ministries, ministry-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam and the Prime Minister that are not public service providers, and the People's Committees of provinces or cities directly under the Central Government shall base on the regulations of Circular 13/2022/TT-BNV to determine the structure of ranks of officials in each administrative agency and organization under their management, as a basis for the implementation of rank transfers, rank promotions, and policies for officials.
- Ministries, central authorities, and local authorities shall aggregate and report the results of the determination of the structure of ranks of officials in each administrative agency and organization under their management according to Appendix No. 01 and Appendix No. 02 issued with Circular 13/2022/TT-BNV and the approved Scheme for official positions to the Ministry of Home Affairs for management in accordance with the law.
- In case of changes in the structure of ranks of officials in any agency or organization, ministries, central authorities, and local authorities must promptly report to the Ministry of Home Affairs for unified opinion before implementation.
What is the procedure for determining the structure of ranks of officials?
According to Article 3 of Circular 13/2022/TT-BNV, the content is regulated as follows:
Procedure for determining the structure of ranks of officials
1. The head of the agency using the officials shall base on Clause 1, Article 2 of this Circular and the list of positions and the number of official staff allocated by each position in their agency or organization to determine the percentage of officials holding ranks of officials by each specialized field in the agency or organization to report to the competent authority for approval.
2. The head of the agency managing the officials shall approve the structure of ranks of officials appropriate to the complexity of the work by position, nature, characteristics, and scale of activities of the agency using the officials.
3. The organization and personnel department of the agency, organization, or unit is responsible for advising and assisting the head in determining the number of ranks of officials and the structure of ranks of officials of the agency, organization, or unit to submit to the competent authority for consideration and decision.
Thus, the procedure for determining the structure of ranks of officials is as follows:
Step 1, The head of the agency using the officials shall determine the percentage of officials holding ranks of officials by each specialized field in the agency or organization to report to the competent authority for approval.
Step 2, The head of the agency managing the officials shall approve the structure of ranks of officials appropriate to the complexity of the work by position, nature, characteristics, and scale of activities of the agency using the officials.
Step 3, The organization and personnel department of the agency, organization, or unit is responsible for advising and assisting the head in determining the number of ranks of officials and the structure of ranks of officials of the agency, organization, or unit to submit to the competent authority for consideration and decision.
Circular 13/2022/TT-BNV is effective from February 15, 2023.
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