Basis for determining civil servant payroll in Vietnam

Basis for determining civil servant payroll in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Basis for determining civil servant payroll in Vietnam

- Job position and workload of each job position;

- Level of modernization of equipment, working facilities, and information technology application;

- Actual use of assigned civil servant payroll;

- For local agencies and organizations, in addition to the grounds specified in Points a, b, c, Clause 2, Article 4, Decree 62/2020/ND-CP, they must also be based on the population size, natural area, number of district and commune-level administrative units, and characteristics of political security, social order, and safety.

(Clause 2, Article 4, Decree 62/2020/ND-CP)

2. Procedure for approving annual civil servant payrolls in Vietnam

- Agencies and organizations under ministries, branches, and localities based on Clause 2, Article 4 of Decree 62/2020/ND-CP and guidance from competent agencies on civil servant payroll norms to develop annual civil servant payroll plans of their agencies and organizations and send them to agencies and organizations prescribed in Clause 2, Article 10 of Decree 62/2020/ND-CP.

- Agencies and organizations assigned to organize personnel of ministries, branches, and localities receive documents and appraise the annual civil servant payroll plans of agencies and organizations; synthesize and prepare the annual civil servant payroll plans of ministries, branches, and localities for the ministries, branches, and localities to send to the Ministry of Home Affairs for appraisal.

- The Ministry of Home Affairs evaluates the annual civil servant payroll plans of ministries, branches, and localities; synthesizes the annual civil servant payroll plans of ministries, branches, and localities and submits them to the Prime Minister for approval; and decides to assign civil servant payrolls to each ministry, branch, and locality after being approved by the Prime Minister.

- Ministries, branches, and localities decide to assign civil servant payrolls to each agency and organization under the ministries, branches, and localities among the civil servant payrolls assigned by competent authorities.

(Article 10 of Decree 62/2020/ND-CP)

3. Content of the annual civil servant payroll plan

- The necessity of annual civil servant payroll planning.

- Report evaluating the assignment and use of civil servant payrolls from the previous year adjacent to the plan year at the time of planning.

- Determine the civil servant payroll of the plan year; accompanied by statistics and a synthesis of civil servant payroll data for the plan year according to Appendix IA or Appendix IB issued with Decree 62/2020/ND-CP.

- Solutions to implement civil servant staffing plans after being assigned or approved by competent authorities, planning additional and replacement sources of civil servants, implementing staffing streamlining policies, and budget estimates for implementation

- Recommendations and suggestions

(Article 11 of Decree 62/2020/ND-CP)

4. Documents and deadline for submitting annual civil servant payroll plans in Vietnam

- Annual civil servant staffing plan dossier, including:

+ Written proposal for the annual civil servant staffing plan;

+ Annual civil servant payroll plan of agencies and organizations as prescribed in Article 11 of Decree 62/2020/ND-CP;

+ Copies of documents of the competent authority or person with authority to decide or approve the civil servant payroll of the previous year adjacent to the planning year.

- Deadline for submitting annual civil servant payroll plans

+ No later than June 15 every year, ministries, branches, and localities send civil servant staffing plan documents specified in Clause 1, Article 12 of Decree 62/2020/ND-CP to the Ministry of Home Affairs for appraisal.

+ No later than July 20 every year, the Ministry of Home Affairs submits to the Prime Minister for approval the total payroll of civil servants of ministries, branches, and localities.

+ In case ministries, branches, and localities do not send civil servant payroll plans on time as prescribed in Point a, Clause 2, Article 12 of Decree 62/2020/ND-CP, the Ministry of Home Affairs submits to the Prime Minister for consideration and a decision on the staffing of civil servants of that ministry, branch, or locality with a staffing streamlining rate 1% higher than the staffing streamlining rate according to the annual roadmap.

(Article 12 of Decree 62/2020/ND-CP)

5. Adjustments on civil servant payroll in Vietnam 

- Adjusting civil servant payrolls in agencies and organizations is considered in the following cases:

+ The agency or organization changes one of the grounds specified in Clause 2, Article 4 of Decree 62/2020/ND-CP;

+ Establishment, reorganization, and dissolution of agencies and organizations according to decisions of competent authorities; establish, dissolve, merge, divide, and adjust the boundaries of provincial and district-level administrative units.

- Records and procedures for adjusting civil servant payrolls

+ Dossier to adjust civil servant payroll includes: written request to adjust civil servant payroll; project to adjust civil servant payroll; Attached are documents related to civil servant payroll adjustments;

+ For adjusting to increase civil servant payrolls or transferring civil servant payrolls between ministries, branches, and localities, ministries, branches, and localities send dossiers to adjust civil servant payrolls prescribed in Point a, Clause 2, Article 13 of Decree 62/2020/ND-CP to the Ministry of Home Affairs for appraisal and submission to the Prime Minister for decision;

+ For the transfer of civil servant payrolls between ministries, branches, localities, agencies, and organizations specified in Clause 1, Article 21 of Decree 62/2020/ND-CP, ministries, branches, and localities send dossiers for transferring civil servant payrolls specified in Point a, Clause 2, Article 13 of Decree 62/2020/ND-CP to the Ministry of Home Affairs for decision. The Ministry of Home Affairs synthesizes and reports to the Prime Minister when submitting to the Prime Minister for approval of the annual civil servant payroll.

(Article 13 of Decree 62/2020/ND-CP)

Ho Quoc Tuan

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