Basis for determining employment position for public non-business units

Basis for determining employment position for public non-business units
Võ Ngọc Nhi

What are the regulations on the basis for determining employment position for public non-business units? - Ngoc Dung (Tien Giang, Vietnam)

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Basis for determining employment position for public non-business units (Internet image)

1. What are the public non-business units? 

Article 9 of the Law on Public Employees 2010 stipulates public non-business units and organizational structures to manage their activities as follows:

- Public non-business unit is an organization established under law by a competent state agency, a political organization or a socio-political organization, having the legal person status and providing public services and serving state management work.

- Public non-business units include:

+ Public non-business units assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as autonomous public non-business units);

+ Public non-business units not yet assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as non-autonomous public non-business units).

2. Principles of determining job positions at public non-business units in Vietnam

Article 3 of the Decree 106/2020/ND-CP stipulates the principle of determining the job position and the number of people working as follows:

- Strictly implementing the Party's policy and the law on employment positions, number of people working and downsizing the payroll in public non-business units.

- In accordance with the functions, tasks, powers, and organizational structure of the public non-business unit.

- Ensuring the scientific, objective, public, transparent, and efficient operation of the contingent of public employees and employees in public non-business units, as well as improving their quality.

- Ensuring that a worker is given a sufficient amount of work to complete within the allotted working time.

Job positions that do not have enough workload to perform according to the prescribed time of an employee must be arranged part-time.

- Ensuring a reasonable structure in which the number of people working in job positions, professional titles, and common professional titles accounts for at least 65% of the total number of public non-business unit employees. 

3. Bases for determining employment positions at public non-business units in Vietnam

Article 4 of the Decree 106/2020/ND-CP stipulates the bases for determining job positions, the number of employees and the structure of public employees by professional title as follows:

- Bases for determining job positions include:

+ Functions, tasks, powers and organizational structure of public non-business units;

+ Complexity, nature, characteristics and scale of operations; scope and object of service;

Professional and professional management process in accordance with specialized laws.

- Bases for determining the number of employees include:

+ Job position and actual workload at each job position of the public non-business unit;

+ The degree of modernization of the office, equipment, working facilities and application of information technology;

+ Actual situation of managing and using the number of assigned employees of the unit.

- Bases for determining the structure of public employees by professional titles include:

+ List of job positions;

+ The level of complexity of the job position;

+ Standards and professional titles of public employees corresponding to the working position.

4. Classification of job positions in Vietnam

Article 5 of the Decree 106/2020/ND-CP stipulates the classification of employment positions as follows:

- Sort by workload

+ The position is held by one person.

+ The position is held by many people.

+ Part-time job position.

- Classification by nature and content of work

+ Leadership and management positions.

+ Job position, professional title.

+ Job positions with shared professional titles (administrative, general, office administration, personnel organization, financial planning and job positions that do not hold the specialized professional title of the unit); public career).

+ Support and service positions.

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