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Decree No. 36/2013/ND-CP of April 22, 2013, on job positions and structures of civil servant ranks

Decree No. 36/2013/ND-CP of April 22, 2013, on job
positions and structures of civil servant ranks
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Cadres and Civil Servants;
At the proposal of the Minister of Home Affairs,
The Government promulgates the Decree on job positions and structures of
civil servant ranks.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides the bases, principles, methods, order and procedures for
determining job positions and structures of civil servant ranks; and the
competence to decide on, approve and manage job positions and structures of
civil servant ranks.
Article 2. Subjects of application
This Decree applies to the following agencies and organizations:
1. Ministries, ministerial-level agencies, government-attached agencies and
organizations established by the Government or the Prime Minister which are
not public non-business units;
2. Provincial- and district-level People’s Councils and People’s Committees;
boards of provincial- and district-level People’s Councils; and professional
agencies of provincial- and district-level People’s Committees;
3. Public non-business units of the Party, the State and socio-political
organizations which have civil servants in their leading and managerial
apparatuses as prescribed by law;
4. The following agencies and organizations may apply this Decree in
determining job positions and structures of civil servant ranks:
a/ The Presidential Office;
b/ The National Assembly Office;
c/ The State Audit Office of Vietnam;
d/ People’s courts;
dd/ People’s procuracies;

e/ Central-, provincial- and district-level agencies of the Communist Party of
Vietnam;
g/ Central-, provincial- and district-level agencies of socio-political
organizations.
Article 3. Job positions, structures and classification of job positions
1. Job positions mean jobs associated with civil servant titles, posts, structures
and ranks for determining payrolls and assigning tasks to civil servants in
agencies, organizations and units.
2. The structure of each job position in an agency, organization or unit consists
of a job description and a framework of relevant capacities for a civil servant
to fulfill his/her job.
3. Job positions are classified as follows:
a/ Job position assumed by one person;
b/ Job position assumed by more than one person;
c/ Part-time job position.
Article 4. Structures of civil servant ranks
1. The structure of civil servant ranks of each agency, organization or unit is
the percentage of civil servants who hold ranks suitable to the list of job
positions and the corresponding payroll of civil servants.
2. The Ministry of Home Affairs shall specifically guide the determination of
structures of civil servant ranks.
Article 5. Principles of determining job positions and structures of civil servant
ranks
1. Principles of determining job positions:
a/ Being suitable to the functions, tasks, powers and organizational structure of
each agency, organization or unit;
b/ Ensuring scientificity, objectivity, publicity, transparency, and suitability to
practical conditions;
c/ Ensuring that each job position is always associated with a certain title of
civil servant rank. Leading and managerial job positions also have leading and
managerial titles;
d/ Complying with the law on management of civil servants.
2. Principles of determining structures of civil servant ranks:
a/ Being based on the number of lists of job positions and payrolls already
determined;

b/ The determination of titles of civil servant ranks for each job position must
suit the specialized field of operation;
c/ Complying with regulations on the highest civil servant rank applicable at
each administrative level or in each agency, organization or unit;
d/ Being based on the criteria of civil servant rank as well as the job
description and framework of relevant capacities of each job position.
Article 6. Bases for determining job positions and structures of civil servant
ranks
1. Bases for determining job positions:
a/ Documents issued by competent authorities, defining the functions, tasks,
powers and organizational structures of agencies, organizations and units;
b/ Work nature, characteristics and requirements of agencies, organizations
and units;
c/ The degree of complexity and scale of work; scope and subjects of service
and management; process and procedures for management or performance of
professional tasks in accordance with law;
d/ The degree of modernization of working offices, equipment and facilities
and application of information technology;
dd/ Geographical locations; nature, size and structure of population; economic
growth and urbanization rates; socio-economic development strategies; and
security and order situation;
e/ Present situation of assignment and employment of civil servants in
agencies, organizations and units.
2. Bases for determining structures of civil servant ranks:
a/ Lists of job positions;
b/ Criteria and titles of civil servant ranks corresponding to job positions.
Article 7. Methods of determining job positions
1. Job positions in agencies, organizations and units are determined by
synthesis method.
2. Determination of job positions by synthesis method means the combination
of organizational analysis and work analysis according to the following steps:
a/ Step 1: Listing all jobs according to the functions and tasks of an agency,
organization or unit (including jobs performed under labor contracts in
accordance with law);
b/ Step 2: Job grouping;

c/ Step 3: Identification of influential factors;
d/ Step 4: Listing and assessment of existing civil servants (quantity, quality,
employment, task assignment and performance results);
dd/ Step 5: Identification of lists and classification of job positions necessary
for performing the functions and tasks of the agency, organization and unit
(including jobs performed under labor contracts);
e/ Step 6: Preparation of job descriptions for each job position;
g/ Step 7: Making a framework of relevant capacities for each job position;
h/ Step 8: Determination of corresponding civil servant ranks (and leading and
managerial titles, if any) for each job position already determined.
3. The Ministry of Home Affairs shall specifically guide the methods of
determining job positions prescribed in Clauses 1 and 2, Article 7 of this
Decree.
Article 8. Contents of state management of job positions and structures of civil
servant ranks
1. Promulgating legal documents on job positions.
2. Stipulating and guiding methods of determining job positions and structures
of civil servant ranks.
3. Defining agencies competent to decide on or approve job positions and
structures of civil servant ranks.
4. Inspecting and examining the implementation of job positions and structures
of civil servant ranks.
5. Making statistics of, summarizing, and reporting on job positions and
structures of civil servant ranks.
6. Settling complaints and denunciations and handling violations related to the
management of job positions and structures of civil servant ranks in accordance
with law.
Chapter II
ORDER AND PROCEDURES FOR DETERMINING JOB POSITIONS
AND STRUCTURES OF CIVIL SERVANT RANKS
Article 9. Formulation of schemes on job positions and structures of civil
servant ranks
1. Agencies competent to manage civil servants shall direct, guide and urge
organizations and units under their management in formulating schemes on job
positions and structures of civil servant ranks; and summarize these schemes
for submission to competent authorities for approval under regulations.

2. Annually, in case of any changes in the functions, tasks, powers or
organizational structures; work nature, characteristics or requirements, the
degree of complexity and scale of work, scope and subjects of service; or the
degree of modernization of working offices, equipment and facilities and
application of information technology, agencies, organizations and units shall
adjust their schemes on job positions and structures of civil servant ranks and
submit them to competent authorities under regulations.
3. The Ministry of Home Affairs shall guide the formulation of schemes on job
positions and structures of civil servant ranks prescribed in this Decree.

Article 10. Appraisal of schemes on job positions and structures of civil
servant ranks

1. The Organization and Personnel Departments under ministries, ministerial-

level agencies, government-attached agencies and organizations established by
the Government or the Prime Minister which are not public non-business units
(below collectively referred to as ministries) shall assist their ministers or
heads of their agencies or organizations in appraising schemes on job positions
and structures of civil servant ranks of agencies and organizations under their
ministries; summarize lists of job positions and structures of civil servant ranks
of these agencies and organizations. Then ministries shall send these lists to the
Ministry of Home Affairs according to regulations.

2. The Home Affairs Departments under People’s Committees of provinces or
centrally run cities