What are the public employee dossier retention procedures in Vietnam?

What are the public employee dossier retention procedures in Vietnam? (Internet image)

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

1. What are the public employee dossier retention procedures in Vietnam?

Specifically, according to Clause 3, Article 15 of Circular 07/2019/TT-BNV, public employee dossier retention procedures are as follows:

- Inspect and process to ensure that documents in dossier components are official, trustworthy and valid;

- Remove identical or unnecessary documents; retain only one copy of each document. Document removal requires permission from head of the management authority and must be recorded in writing. The record shall be added to the original dossier. Restore damaged documents or copy their contents and retain these contents together with the damaged documents;

- In case a document in dossier components needs to be disposed of, establish a council for disposal of document in public employee dossier.

The head of the management authority has the power to decide establishment of the council. Upon disposal of a document in a public employee dossier, draw up a record of disposal, which shall include reason for disposal, management authority granting permission for disposal, list of documents to be disposed of, and disposal date and location, and add the record to the public employee dossier.

2. Procedures for reporting on public employee dossier management in Vietnam

Pursuant to Article 16 of Circular 07/2019/TT-BNV, before June 30 of every year, central government authorities and provincial governments shall submit consolidated reports on public employee dossier management of regulatory bodies, organizations and units under their management to the Ministry of Home Affairs, which will submit a consolidated report to the Government and Prime Minister.

Contents of and procedures for reporting on public employee dossier management are as follows:

- On an annual basis or at the request of public employee management authorities, management authorities shall inspect and assess public employee dossier management according to this Circular;

- Reports on public employee dossier quantity and quality and assessment of public employee dossier perusal for the purpose of public employee management shall include:

+ Number of new dossiers (new job applications, including new dossiers formulated due to damage, loss or amendment), dossiers of public employees having been appointed, transferred per consideration or seconded or switched to a new job title and dossiers of public employees having become officials or switched to a new post;

+ Number of dossiers of public employees having retired or terminated the employment contract or  deceased;

+ Number of damaged or lost dossiers and applications for amendment to components of original dossiers.

- Reports on facilities and equipment for dossier management shall include:

+ Dossier preservation and retention areas and locations;

+ Area of dossier preservation and retention areas;

+ Dossier preservation equipment;

- Propositions of solutions for improving efficiency of public employee dossier management and modernizing public employee dossier management.

3. Contents that heads of management authorities have the power to consider and decide in Vietnam

According to Clause 5, Article 19 of Circular 07/2019/TT-BNV, heads of management authorities have the power to consider and decide the following matters:

- Decide on persons qualified for statistical reporting and management of dossiers on public employees;

- Enable public employees to declare information; request employing units to verify public employee dossiers or original dossiers in case of formulation of new public employee dossiers due to damage or loss or amendment to public employee dossiers;

- Request competent authorities to consider, verify and amend inconsistent information and documents in original dossiers according to regulations in Article 12 of Circular 07/2019/TT-BNV;

- Notify public employees of the conclusion of verification of self-declared information found to be inconsistent or inaccurate;

- Dispose of unnecessary and identical documents in public employee dossiers;

- Take disciplinary actions or request competent authorities to consider and take disciplinary actions against persons committing violations against regulations on public employee dossier declaration, management and preservation as per the law.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE