Luật Cán bộ Công chức văn bản tiếng Anh - Law on Cadres and Civil Servants of Vietnam.
Tải về toàn văn Luật Cán bộ Công chức tiếng Anh - Law on Cadres and Civil Servants TẠI ĐÂY
THE
NATIONAL ASSEMBLY
------- |
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness |
No. 22/2008/QH12
|
Hanoi,
November 13, 2008
|
LAW
ON CADRES AND CIVIL SERVANTS
Pursuant
to the 1992 Constitution of the Socialist Republic of Vietnam, which was
amended and supplemented under Resolution No. 51/2001/QH10;
The
National Assembly promulgates the Law on Cadres and Civil Servants;
Chapter
I
GENERAL
PROVISIONS
Article 1. Scope of regulation
and subjects of application
This Law provides for cadres
and civil servants; election, recruitment, employment and management of cadres
and civil servants; obligations and rights of cadres and civil servants, and
conditions to assure public-duty performance.
Article 2. Public duties of
cadres and civil servants
Public duties of cadres and
civil servants are to perform tasks and exercise powers of cadres and civil
servants under this Law and other relevant regulations.
Article 3. Principles in
public-duty performance
1. Compliance with the
Constitution and laws.
2. Protection of the interests
of the State and lawful rights and interests of organizations and citizens.
3. Publicity, transparency,
performance within competence, and submission to examination and supervision.
4. Assurance of systematism,
uniformity, continuity, smoothness and effectiveness.
5. Assurance of administrative
hierarchy and close coordination.
Article 4. Cadres, civil servants
1. Cadres are Vietnamese
citizens who are elected, approved and appointed to hold posts or titles for a
given term of office in agencies of the Communist Party of Vietnam, the State,
socio-political organizations at the central level, in provinces and centrally
run cities (below collectively referred to as provincial level), in districts,
towns and provincial cities (below collectively referred to as district level),
included in the payrolls and salaried from the state budget.
2. Civil servants are
Vietnamese citizens who are recruited and appointed to ranks, posts or titles
in agencies of the Communist Party of Vietnam, the State, socio-political
organizations at the central, provincial and district levels; in People’s Army
agencies and units, other than officers, professional military personnel and
defense workers; in People’s Police offices and units other than officers and
professional non-commissioned officers, and in the leading and managerial
apparatuses of public non-business units of the Communist Party of Vietnam, the
State and socio-political organizations (below collectively referred to as
public non-business units), included in the payrolls and salaried from the
state budget; for civil servants in the leading and managerial apparatuses of
public non-business units, they are salaried from the salary funds of these
units according to law.
3. Cadres of communes, wards
and townships (below collectively referred to as commune level) are Vietnamese
citizens who are elected to hold posts for a given term of office in People’s
Council standing bodies and People’s Committees, as Party secretaries and
deputy secretaries, and as heads of socio-political organizations.
Commune-level civil servants are Vietnamese citizens who are recruited to hold
specialized titles in commune-level People’s Committees, included in the
payrolls and salaried from the state budget.
Article 5. Principles of
management of cadres and civil servants
1. Assurance of Party
leadership and stale management.
2. Combination between title
criteria, working positions and payroll quotas.
3. Adherence to the principle
of democratic centralism, the individual responsibility regime and clear
assignment of tasks and decentralization of powers.
The employment, evaluation and
grading of cadres and civil servants must be based on their political
qualities, ethics and public-duty performance capability.
5. Implementation of gender
equality.
Article 6. Policies toward
talented persons
The State implements policies
to discover, attract, foster, employ in proper positions and well treat
talented persons.
The Government shall adopt
specific policies towards talented persons.
Article 7. Interpretation of
terms
In this Law. the terms and
phrases below are construed as follows:
1. Agency employing cadres and
civil servants means an agency, organization or unit assigned to manage, assign
and arrange tasks and powers to cadres and civil servants and examine them in
performing tasks and exercising powers.
2. Agency managing cadres and
civil servants means an agency, organization or unit assigned to recruit and
appoint cadres and civil servants, promote them to higher ranks and increase
iheii salaries, permit them to discontinue work or retire, implement regimes
and policies towards, and reward and discipline cadres and civil servants.
3. Working position means a job
linked with a civil servant title, post, structure and rank as a basis for
determining the payroll of, and arranging jobs for civil servants in, an
agency, organization or unit.
4. Rank indicates the level of
specialized and professional capability and qualification of a civil servant.
5. Appoint means to decide on a
cadre or civil servant to hold a leading or managerial post or a rank according
to law.
6. Relieve of duty means to
allow a cadre or civil servant to discontinue holding a post or title before
the end of the term of office or appointment.
7. Remove from office means to
disallow a cadre or civil servant to hold a post or title before the end of the
term of office.
8. Demote means to reduce a
cadre or civil servant holding a leading or managerial post to a lower one.
9. Dismiss means to disallow a
cadre or civil servant to hold a leading or managerial post before the end of
the term of office or appointment.
10. Transfer means a competent
agency to decide to send a cadre or civil servant from one agency, organization
or unit to another.
11. Rotate means to assign or
appoint a managerial or leading cadre or civil servant to hold another leading
or managerial title for a given period in order to further train and retrain
him)her in response to task requirements.
12. Second means to send a
civil servant of one agency, organization or unit to work at another in
response to task requirements.
13. Resign means a leading or
managerial cadre or civil servant to ask for permission to give up his)her post
before the end of the term of office or appointment.
Chapter
II
OBLIGATIONS
AND RIGHTS OF CADRES AND CIVIL SERVANTS
Section
1
OBLIGATIONS
OF CADRES AND CIVIL SERVANTS
Article 8. Obligations of cadres
and civil servants towards the Party, State and people
1. To be loyal to the Communist
Party of Vietnam and the State of the Socialist Republic of Vietnam; to
safeguard the national honor and interests.
2. To respect the people and
devotedly serve the people.
3. To keep close contact with
the people, listen to the people’s opinions and submit to the people’s
supervision.
4. To strictly observe the
Party’s line and policies and the State’s laws.
Article 9. Obligations of cadres
and civil servants in performing public duties
1. To duly and fully perform
tasks and exercise powers as assigned and take responsibility for their
performance.
2.To have a sense of
organizational discipline; to strictly abide by internal rules and regulations
of agencies, organizations or units; to report to competent persons when
detecting illegal acts in agencies, organizations and units; to protect state
secrets.
3. To proactively and closely
collaborate with one another in performing public duties; to preserve unity in
agencies, organizations and units.
4. To efficiently and
economically protect, manage and use slate assets assigned to them.
5. To implement decisions of
their superiors, When having grounds to believe that such decision is illegal,
to immediately report in writing to its issuer; the issuer who upholds his)her
decision shall issue a document to this effect while the implementer shall
implement the decision but is not held responsible for implementation
consequences, and shall report to the immediately higher authority of the
decision issuer. The person who issues a decision shall take responsibility
before law for his)her decision.
6. To have other obligations as
prescribed by law.
Article 10. Obligations of cadres
and civil servants in the capacity as heads
In addition to complying with
Articles 8 and 9 of this Law, cadres and civil servants who arc heads of
agencies, organizations or units shall perform the following obligations:
1. To direct the performance of
assigned tasks and take responsibility for their agenciesrsquo;,
organizationsrsquo; or unitsrsquo; operation results;
2. To examine, urge and guide
the public-duty performance of cadres and civil servants;
3. To organize the
implementation of measures to prevent and combat bureaucracy and corruption, to
practice thrift and combat wastefulness, and to take responsibility for
bureaucratic, corrupt and wasteful acts in their agencies, organizations or
units;
4. To organize the
implementation of legal provisions on grassroots democracy and public-office
culture in their agencies, organizations and units: to promptly and strictly
handle cadres and civil servants under their management who commit breaches of
discipline and illegal acts, show bureaucratic and authoritarian altitudes to
and harass citizens;
5. To promptly and lawfully
settle complaints, denunciations and proposals of individuals and organizations
according to their competence or refer them to competent agencies for
settlement;
6. To perform other obligations
as prescribed by law.
Section
2
nbsp;RIGHTS
OF CADRES AND CIVIL SERVANTS
Article 11. Right of cadres and
civil servants to be provided with conditions to assure public-duty performance
1. To be assigned powers
corresponding with tasks.
2. To be provided with working
equipment and other working conditions according to law.
3. To be supplied with
information concerning their assigned tasks and powers.
4. To be trained and retrained
in order to raise their political, specialized and professional qualifications.
5. To be protected by law when
performing public duties.
Article 12. Rights of cadres and
civil servants to salaries and salary-related regimes
1. To be paid by the State
salaries matching with assigned tasks and powers and suitable to national
socio-economic conditions. Cadres and civil servants working in mountainous,
border, islands, deep-lying, remote and ethnic minority areas and areas with
especially difficult socio-economic conditions or in hazardous and dangerous
sectors and occupations are entitled to allowances and incentive policies
according to law.
2. To enjoy overtime and
night-work pays, working trip allowances and other benefits according to law.
Article 13. Rights of cadres and
civil servants to rest
Cadres and civil servants are
entitled to annual leaves, holidays and leaves to deal with personal affairs
according to the labor law. If, due to task requirements, cadres and civil
servants do not use or have not used up annual days off, in addition to
salaries, they may be paid a sum equal to salaries for days on which they still
work.
Article 14. Other rights of cadres
and civil servants
Cadres and civil servants are
assured the rights to learn, do scientific research, participate in economic
and social activities; are entitled to incentive policies concerning housing,
vehicles, and social and health insurance regimes according to law; if getting
injured or dying while performing public duties, they shall be considered for
enjoying entitlements and policies applicable to invalids or being recognized
as fallen heroes and other rights according to law.
Section
3
nbsp;ETHICS
AND COMMUNICATION CULTURE OF CADRES AND CIVIL SERVANTS
Article 15. Ethics of cadres and
civil servants
Cadres and civil servants shall
practice diligence, thrift, integrity, public-spiritedness and selflessness in
performing public duties.
Article 16. Communication culture
at public offices
1. In communication at public
offices, cadres and civil servants shall adopt a polite attitude and respect
colleagues; their communication language must be standardized, clear and
coherent.
2. Cadres and civil servants
shall listen to opinions of colleagues; make just, impartial and objective
comments and evaluations: and ensure democracy and internal unity.
3. While performing public
duties, cadres and civil servants shall wear civil servant badges or cards:
adopt polite manners; and preserve the prestige and honor of their agencies,
organizations and units and colleagues.
Article 17. Culture of
communication with the people
1. Cadres and civil servants
must be close to the people; have polite, serious and modest manners and
attitudes; their communication language must be standardized, clear and
coherent.
2. While performing public
duties, cadres and civil servants must not be overbearing and authoritarian and
cause difficulties and troubles to the people.
Section
4
nbsp;PROHIBITIONS
ON CADRES AND CIVIL SERVANTS
Article 18. Prohibitions related
to civil service ethics
1. Shirking responsibility or
refusing to discharge assigned tasks; sowing factionalism and disunity;
quitting jobs or going on strike without permission.
2. Illegally using assets of the
State and people.
3. Taking advantage of or
abusing tasks and powers; using civil service-related information for
self-seeking purposes.
4. Discriminating in any form
against nationality, gender, social strata, beliefs and religions.
Article 19. Prohibitions related
to state secrets
1. Cadres and civil servants
may not disclose in any form information relating to state secrets.
2. Cadres and civil servants
working in sectors or occupations related to state secrets may not, within at
least 5 years after receiving decisions on their retirement or job
discontinuation, perform jobs related to their former sectors or occupations
for domestic and foreign organizations and individuals and foreign-invested
joint ventures.
3. The Government shall issue a
specific list of sectors, occupations and jobs which and time limits during
which cadres and civil servants are not allowed to perform and policies towards
those to whom this Article applies.
Article 20. Other prohibitions on
cadres and civil servants
In addition to the prohibitions
specified in Articles 18 and 19 of this Law. cadres and civil servants may not
deal with affairs related to production and business and personnel work
specified in the Anti-Corruption Law and the Law on Practice of Thrift and
Combat of Wastefulness and other jobs as prescribed by law and competent
agencies.
Chapter
III
CADRES
AT CENTRAL, PROVINCIAL AND DISTRICT LEVELS
Article 21. Cadres
1. Cadres defined in Clause 1,
Article 4 of this Law include those working in agencies of the Communist Party
of Vietnam, the State and socio-political organizations at the central,
provincial and district levels
2. Competent agencies of the
Communist Party of Vietnam shall base themselves mi tin statutes of the Party
and socio-political organizations and this Law lo specify posts and titles for
cadres working in agencies of the Communist Party of Vietnam and
socio-political organizations.
The posts and titles of cadres
working in state agencies shall be determined under the Law on Organization of
the National Assembly, the Law on Organization of the Government, the Law on
Organization of People’s Courts, the Law on Organization of People’s
Procuracies, the Law on Organization of People’s Councils and People’s
Committees, the Law on State Audit and other relevant laws.
Article 22. Obligations and rights
of cadres
1. To perform the obligations
and exercise powers defined in Chapter II and other relevant provisions of this
Law.
2. To perform the obligations
and exercise powers in accordance with the Constitution, laws and statutes of
organizations of which they are members.
3. To take responsibility to
the Party, State and people as well as competent agencies for the performance
of obligations and exercise of powers as assigned.
Article 23. Election, appointment
of posts and titles of cadres in agencies of the Communist Party of Vietnam and
socio-political organizations
The election and appointment of
posts and title of cadres in agencies of the Communist Party of Vietnam and
socio-political organizations comply with relevant statutes and laws.
Article 24. Election, approval and
appointment of posts and titles of cadres in state agencies
The election, approval and
appointment of posts and tiles of cadres working according to term of office in
state agencies from the central to district level comply with the Constitution,
the Law on Organization of the National Assembly, the Law on Organization of
the Government, the Law on Organization of People’s Councils and People’s
Committees, the Law on Organization of People’s Courts, the Law on Organization
of People’s Procuracies, the Law on Election of National Assembly Deputies and
the Law on Election of People’s Council Deputies.
Article 25. Training and
retraining of cadres
1. The training and retraining
of cadres must be based on cadre criteria, posts and titles, task requirements
and conform to the personnel planning.
2. The cadre training and
retraining regime shall be prescribed by competent agencies of the Communist
Party of Vietnam, the Standing Committee of the National Assembly and the
Government.
Article 26. Transfer and rotation
of cadres
1. Based on task requirements
and personnel planning, cadres may be transferred and rotated within the system
of agencies of the Communist Party of Vietnam, the State and socio-political
organizations.
2. The transfer and rotation of
cadres comply with laws and regulations of competent agencies.
Article 27. Purposes of cadre
evaluation
Evaluation of cadres aims to
clearly determine their political qualities, ethics, specialized and
professional qualifications and capabilities and performance of assigned tasks.
Evaluation results serve as a basis for arranging, employing, training,
retraining, rewarding, disciplining and implementing policies towards cadres.
Article 28. Contents of cadre
evaluation
1. Cadres are evaluated based
on the following:
a) Observance of the line and
policies of the Party and laws of the State;
b) Political qualities, ethics,
lifestyle and working manners and style;
c) Capabilities of leading,
administering and organizing task performance;
d) Sense of responsibility in
work;
e) Results of performance of
assigned tasks.
2. Cadres shall be evaluated
annually, before election, approval, appointment, planning, transfer, training
and retraining and at the end of terms of office and rotation periods.
The competence, order and
procedures for cadre evaluation comply with laws and regulations of competent
agencies.
Article 29. Evaluation-based
categorization of cadres
1. On the basis of evaluation
results, cadres are put into the following categories:
a) Excellent accomplishment of
tasks:
b) Good accomplishment of
tasks;
c) Accomplishment of tasks with
limited capability;
d) Non-accomplishment of tasks.
2. Results of categorization of
evaluated cadres shall be filed in cadre records and notified to evaluated
cadres.
3. Cadres who accomplish their
tasks for two consecutives years with limited capability or who accomplish
their tasks with limited capability in a year and fail to accomplish their
tasks in the subsequent year may be assigned to other jobs by competent
agencies.
Cadres who fail to accomplish
their tasks for 2 consecutive years may be relieved of duty or discontinued
from their jobs by competent agencies or organizations.
Article 30. Request for job
discontinuation, resignation, relief of duty
1. A cadre may request
permission to discontinue job or resign or relieve of duty in the following
cases:
a) Being physically unfit;
b) Possessing insufficient
capability and prestige;
c) Due to task requirements;
d) Other reasons.
2. The competence and order for
permitting, and procedures for obtaining permission for. job discontinuation,
resignation and relief of duty comply with laws and regulations of competent
agencies.
Article 31. Retirement of cadres
1. Cadre may retire under the
Labor Code.
2. Six months before the date a
cadre is due to retire, his)her managing agency, organization or unit shall
notify in writing the cadre of the exact time of retirement; three months
before a cadre is due to retire, his)her managing agency, organization or unit
shall issue a decision on his) her retirement.
3. In special cases, cadres
holding the post of minister, an equivalent or higher post may have his)her
working time extended under regulations of competent agencies.
Chapter
IV
CIVIL
SERVANTS AT CENTRAL, PROVINCIAL AND DISTRICT LEVELS
Section
1
CIVIL
SERVANTS AND CLASSIFICATION OF CIVIL SERVANTS
Article 32. Civil servants
1. Civil servants defined in
Clause 2, Article 4 of this Law include:
a) Civil servants working in
agencies of the Communist Party of Vietnam, socio-political organizations;
b) Civil servants working in
state agencies;
c) Civil servants in the
leading and managerial apparatuses of non-business units;
d) Civil servants working in
agencies and units of the People’s Army who are other than officers,
professional military personnel and defense workers; civil servants working in
agencies and units of the People’s Police who are other than officers and professional
non-commissioned officers.
2. The Government shall specify
this Article.
Article 33. Obligations and rights
of civil servants
1. To perform obligations and
exercise powers defined in Chapter II and other relevant provisions of this
Law.
2. To perform tasks and
exercise powers in accordance with the Constitution and laws.
3. To take responsibility to
competent agencies and organizations for the performance of tasks and exercise
of powers as assigned.
Article 34. Categorization of
civil servants
1. Based on their appointed
ranks, civil servants are classified into:
a) Class A including those
appointed to the senior-specialist or equivalent rank;
b) Class B including those
appointed to the principal-specialist or equivalent rank;
c) Class C including those
appointed to the Specialist or equivalent rank;
d) Class D including those
appointed to the technician or equivalent rank or employee rank.
2. Based on working positions,
civil servants are classified into:
a) Civil servants holding
leading or managerial posts;
b) Civil servants not holding
leading or managerial posts.
Section
2
nbsp;RECRUITMENT
OF CIVIL SERVANTS
Article 35. Bases for recruitment
of civil servants
The recruitment of civil
servants must be based on task requirements, working positions and payroll
quotas.
Article 36. Conditions for
registration for civil servant recruitment
1. A person who meets all the
following conditions, regardless of nationality, gender, social status, belief
and religion, may register for civil servant recruitment:
a) Bearing the sole nationality
of Vietnamese;
b) Reaching full 18 years of
age;
c) Filing an application for
recruitment; having a clear personal record;
d) Possessing relevant diplomas
and)or certificates;
e) Possessing political
qualities and good ethics:
f) Being physically fit for the
job;
g) Meeting other conditions
required by the working position for which he)she applies.
2. The following persons may
not register for civil servant recruitment:
a) Not residing in Vietnam;
b) Having lost civil act capacity
or having such capacity restricted;
c) Being examined for penal
liability; currently serving a criminal sentence or court ruling or having
completely served such a sentence or ruling but such criminal record has not
yet been remitted, or serving the administrative measure of confinement to a
medical treatment establishment or a reformatory.
Article 37. Methods of civil
servant recruitment
1. Civil servants shall be
recruited through examinations, except for cases specified in Clause 2 of this
Article. The form and contents of examination to recruit civil servants must be
suitable to each sector and occupation, ensuring that persons with appropriate
qualities, qualifications and capabilities are selected.
2. Persons who meet all
conditions specified in Clause 1, Article 36 of this Law and commit to
voluntarily work for at least 5 years in mountainous, border, island, remote,
deep-lying or ethnic minority or special socio-economic difficulty-hit areas
may be recruited through selection.
3. The Government shall specify
the recruitment of civil servants through examination or selection.
Article 38. Principles for civil
servant recruitment
1. Ensuring publicity,
transparency, objectivity and legality.
2. Ensuring competitiveness.
3. Selecting proper persons who
meet task and working position requirements.
4. Prioritizing recruitment of
talented persons, persons with meritorious services to the country and ethnic
minority persons.
Article 39. Agencies recruiting
civil servants
1. The Supreme People’s Court,
the Supreme People’s Procuracy and the State Audit may recruit, and
decentralize the recruitment of, civil servants in agencies, organizations and
units under their respective management.
2. The Office of the National
Assembly and the Office of the President may recruit civil servants in agencies
and units under their respective management.
3. Ministries,
ministerial-level agencies and government-attached agencies may recruit, and
decentralize the recruitment of. civil servants in agencies, organizations and
units under their respective management.
4. Provincial-level People’s
Committees may recruit, and decentralize the recruitment of, civil servants in
agencies, organizations and units under their respective management.
5. Agencies of the Communist
Party of Vietnam and socio-political organizations may recruit, and
decentralize the recruitment of, civil servants in agencies, organizations and
units under their respective management.
Article 40. Probation for civil
servants
Persons recruited to work as
civil servants are subject to the probation regime under the Government’s
regulations.
Article 41. Recruitment and
appointment of judges and procurators
The recruitment and appointment
of judges of People’s Courts and procurators of People’s Procuracies comply
with the law on organization of People’s Courts and the law on organization of
People’s Procuracies.
Section
3
nbsp;PROVISIONS
ON RANKS OF CIVIL SERVANTS
Article 42. Civil servant ranks
and rank appointment
1. Civil servant ranks include:
a) Senior specialist and
equivalent;
b) Principal specialist and
equivalent;
c) Specialist and equivalent;
d) Technician and equivalent;
e) Employee.
2. Rank appointment must ensure
the following conditions:
a) Appointed persons meet all
professional criteria of the rank;
b) Rank appointment is decided
by competent persons and ensure the civil servant structure of the agency,
organization or unit.
3. Rank appointment shall be
made in the following cases:
a) The recruited person has completed
the probation regime;
b) The civil servant has passed
a rank promotion examination;
c) The civil servant is shifted
to an equivalent rank.
Article 43. Shift of civil servant
ranks
1. Rank shift means the
appointment of a civil servant holding a rank in a profession to a rank of the
same specialized or professional level of another profession.
2. To be shifted to another
rank, a civil servant must possess all specialized or professional
qualifications as required by the rank he)she is shifted to and relevant to the
assigned tasks and powers.
3. A civil servant who is
assigned tasks irrelevant to the specialized or professional qualifications of
the rank he)she is holding shall be shifted to a suitable rank.
4. No rank promotion and salary
raise are allowed upon rank shift.
Article 44. Civil servant rank
promotion
1. Rank promotion must be based
on working positions, suitable to the civil servant structure of the agency,
organization or unit concerned, and made through examination.
2. Civil servants who meet all
criteria and conditions for assuming working positions of a higher rank may
register for rank promotion examination.
3. Rank promotion examinations
shall be organized on the principles of competitiveness, publicity,
transparency, objectivity and legality.
Article 45. Criteria and
conditions for registration for rank promotion examinations
1. When agencies, organizations
and units need to employ civil servants in working positions of ranks for which
examinations are organized, their civil servants may register for sitting such
examinations.
2. Civil servants registering
for rank promotion examinations must possess political qualities, ethnics and
specialized or professional qualifications and capabilities meeting the
requirements of ranks for which examinations are organized.
Article 46. Organization of rank
promotion examinations
1. The contents and forms of
civil servant rank promotion examinations must suit the specialized or
professional levels of the ranks for which examinations are organized, ensuring
the selection of civil servants with specialized or professional capabilities
and qualifications relevant to the criteria for ranks for which examinations
are organized and meeting task requirements.
2. The Ministry of Home Affairs
shall assume the prime responsibility for, and coordinate with concerned
agencies and organizations in, organizing civil servant rank promotion
examinations.
3. The Government shall issue
specific regulations on civil servant rank promotion examinations.
Section
4
nbsp;TRAINING
AND RETRAINING OF CIVIL SERVANTS
Article 47. Civil servant training
and retraining regime
1. The contents, program, forms
and durations of civil servant training and retraining must be based on
criteria for leading and managerial titles and posts, criteria for civil
servant ranks and suitable to task requirements.
2. Civil servant training and
retraining include:
a) Retraining based on civil
servant rank criteria;
b) Training and retraining
according to leading and managerial titles.
3. The contents, programs and
durations of civil servant training and retraining shall be stipulated by the
Government.
Article 48. Responsibilities of
agencies, organizations and units for civil servant training and retraining
1 Agencies, organizations and
units managing civil servants shall formulate and publicize training and
retraining plannings and plans to create sources and raise specialized or
professional capabilities and qualifications for civil servants.
2. Agencies, organizations and
units employing civil servants shall create conditions for civil servants to
attend training and retraining to raise their specialized or professional
capabilities and qualifications.
3. Civil servant training and
retraining funds are covered by the state budget and other sources in
accordance with law.
Article 49. Responsibilities and
benefits of civil servants in training and retraining
1. Civil servants attending
training and retraining shall strictly observe training and retraining
regulations and submit to the management of training and retraining
institutions.
2. Civil servants attending
training and retraining are entitled to full salaries and allowances, with the
training and retraining durations included in the continuous seniority period
and considered for salary raise in accordance with law.
3. Civil servants with
excellent performance in training or retraining courses are entitled to praise
and reward.
4. Trained or retrained civil
servants who give up or discontinue their jobs without permission shall refund
training and retraining expenses in accordance with law.
Section
5
nbsp;TRANSFER,
APPOINTMENT, ROTATION, SECONDMENT, RESIGNATION AND RELIEF OF DUTY OF CIVIL
SERVANTS
Article 50. Transfer of civil
servants
1. Transfer of civil servants
must be based on task requirements and political qualities, ethics, and
specialized or professional capabilities and qualifications of civil servants.
2. Transferred civil servants
must meet specialized or professional requirements of new working positions.
Article 51. Appointment of civil
servants to leading or managerial posts
1. The appointment of civil
servants to leading or managerial posts must be based on:
a) Needs and tasks of agencies,
organizations or units:
b) Criteria and conditions for
leading or managerial posts.
The competence, order and
procedures for appointing civil servants to leading or managerial posts comply
with laws and regulations of competent agencies.
2. The term of appointment of
civil servants to leading or managerial posts is 5 years; at the end of the term,
competent agencies, organizations or units shall consider whether or not to
appoint them.
3. Civil servants who are
transferred to other agencies, organizations or units or appointed to a new
leading or managerial post will automatically stop holding the current leading
or managerial one, except for cases of holding both concurrently.
Article 52. Rotation of civil
servants
1. Based on task requirements
and civil servant employment plannings and plans, leading or managerial civil
servants may be rotated within the system of agencies of the Communist Parly of
Vietnam, the State and socio-political organizations.
2. The Government shall issue
specific-regulations on rotation of civil servants.
Article 53. Secondment of civil
servants
1. Agencies, organizations or
units managing civil servants may second civil servants to work in other
agencies, organizations or units to meet task requirements.
2. The period of secondment is
3 years at most, except for a number of sectors and domains as stipulated by
the Government.
3. Seconded civil servants
shall obey work assignment by agencies, organizations or units they are
seconded to.
4. Civil servants seconded to
work in mountainous, border, island, deep-lying, remote, ethnic minority areas
or areas with especially difficult socio-economic conditions are entitled to
incentive policies as prescribed by law.
5. Agencies, organizations or
units managing seconded civil servants shall arrange appropriate jobs for these
civil servants at the end of the secondment period.
6. Secondment is not applicable
to female civil servants who are pregnant or rearing under 36-month babies.
Article 54. Resignation or relief
of duty for civil servants
1. Leading or managerial civil
servants may resign or be relieved of duty in the following cases:
a) Being physically unfit;
b) Having insufficient
capability and prestige;
c) Due to task requirements;
d) Other reasons.
2. Leading or managerial civil
servants who resign or are relieved of duty may be arranged jobs suitable to
their trained specialized or professional qualifications, or retire or
discontinue their jobs.
3. Leading or managerial civil
servants who seek for permission to resign or be relieved of duty shall,
pending the approval of competent authorities, continue performing their tasks
and exercising their powers.
4. The competence, order and
procedures for considering and deciding on resignation or relief of duty of
leading or managerial civil servants comply with laws and regulations of
competent agencies.
Section
nbsp;6 EVALUATION OF CIVIL
SERVANTS
Article 55. Purpose of civil
servant evaluation
Civil servant evaluation aims
to clearly determine the political qualities, ethics, specialized and
professional capabilities and qualifications, and results of performance of assigned
tasks. Evaluation results serve as a basis for arranging, employing,
appointing, training, retraining, rewarding, disciplining and implementing
policies towards civil servants.
Article 56. Contents of civil
servant evaluation
1. Civil servants are evaluated
based on the following:
a) Observance of the line and
policies of the Party and laws of the State;
b) Political qualities, ethics,
lifestyle and working style and manners;
c) Specialized or professional
capabilities and qualifications;
d) Task performance progress
and results;
e) Sense of responsibility and
collaboration in work;
f) Attitude in serving the
people.
2. In addition to the contents
provided in Clause 1 of this Article, leading and managerial civil servants
shall be evaluated based on:
a) Results of operation of
agencies, organizations or units they are assigned to lead and manage:
b) Leading and managerial
capabilities;
c) Capability of mobilizing and
uniting civil servants.
3. Civil servants are evaluated
annually, before appointment, planning, transfer, training and retraining and
at the end of the period of rotation or secondment.
4. The Government shall
stipulate the order and procedures for civil servant evaluation.
Article 57. Civil servant
evaluation responsibility
1. Heads of agencies,
organizations or units employing civil servants shall evaluate civil servants
under their management.
2. Heads of agencies,
organizations and units shall be evaluated by heads of immediately superior
agencies or organizations.
Article 58. Evaluation-based
categorization of civil servants
1. On the basis of evaluation
results, civil servants are put into the following categories:
a) Excellent accomplishment of
tasks;
b) Good accomplishment of
tasks;
c) Accomplishment of tasks with
limited capability;
d) Non-accomplishment of tasks.
2. Results of evaluation of
civil servants shall be filed in civil servant records and notified to
evaluated civil servants.
3. Civil servants who
accomplish their tasks for 2 consecutives years with limited capability or who
accomplish their tasks with limited capability in a year and fail to accomplish
their tasks in the subsequent year may be assigned to other jobs by competent
agencies.
Civil servants who fail to
accomplish their tasks for 2 consecutive years will be disallowed to continue
their work by competent agencies, organizations or units.
Section
7
nbsp;JOB
DISCONTINUATION AND RETIREMENT OF CIVIL SERVANTS
Article 59. Job discontinuation of
civil servants
1. Civil servants are entitled
to the job discontinuation regime if falling into one of the following cases:
a) Due to reorganization;
b) They make a petition for job
discontinuation, which is approved by competent authorities;
c) As prescribed in Clause 3,
Article 58 of this Law.
2. A civil servant who wishes
to discontinue his)her job shall send a petition to a competent agency,
organization or unit for consideration and decision. Within 30 days after
receiving such petition, the competent agency, organization or unit shall issue
a written reply: if disagreeing with the petition, it shall clearly state the
reason; a civil servant who quits his)her job without the consent of the
competent agency, organization or unit is not entitled to the job
discontinuation regime and shall refund training and retraining expenses in
accordance with law.
3. Job discontinuation is not
allowed for civil servants who are being examined for disciplining or penal
liability.
4. Job discontinuation is not
allowed for female civil servants who arc pregnant or nursing under-36-month
babies, except those so wishing.
Article 60. Retirement of civil
servants
1. Civil servants may retire
under the Labor Code.
2. Six months before the date a
civil servant is due to retire, his)her managing agency, organization or unit
shall notify in writing the civil servant of the exact time of retirement;
three months before a civil servant is due to retire, his)her managing agency,
organization or unit shall issue a decision on his)her retirement.
Chapter
V
COMMUNE-LEVEL
CADRES AND CIVIL SERVANTS
Article 61. Posts and titles of
commune-level cadres and civil servants
1. Commune-level cadres and
civil servants defined in Clause 3, Article 4 of this Law include commune-level
cadres and commune-level civil servants.
2. Posts of commune-level
cadres include:
a) Party committee secretary
and deputy secretary;
b) People’s Council chairman
and vice chairman;
c) People’s Committee president
and vice president;
d) Vietnam Fatherland Front
Committee president;
e) Ho Chi Minh Communist Youth
Union secretary;
f) Vietnam Women’s Union
president;
g) Vietnam Peasants Association
president (applicable to communes, wards and townships with agricultural,
forestry, fishery and salt-making activities and Vietnam Peasants Association
chapter);
b) Vietnam Veteransrsquo;
Association president
3. Posts of commune-level civil
servants include:
a) Chief police officer;
b) Military chief commander;
c) Administrative-statistics
clerk;
d) Land-construction-urban area
and environment officer (for wards and townships) or land-agriculture-construction
and environment officer (for communes):
e) Financial
controller-accountant:
f) Justice-civil status
officer;
g) Culture- social affairs
officer.
Commune-level civil servants
are managed by the district level.
4. Commune-level cadres and
civil servants defined in Clauses 2 and 3 of this Article include also cadres
and civil servants rotated, transferred or seconded to commune level.
5. On the basis of local
socio-economic conditions, size and characteristics, the Government shall
specify the numbers of commune-level cadres and civil servanis.
Article 62. Obligations and rights
of commune-level cadres and civil servants
To perform obligations and
exercise rights defined in this Law, other relevant laws and statutes of
organizations of which they are members.
2. Incumbent commune-level
cadres and civil servants are entitled to salary and insurance regimes; when
ceasing to hold their posts, if meeting conditions and criteria as prescribed
by law, they may be considered for being employed as civil servants, in this
case, they are exempt from the probation regime and enjoy regimes and policies
without interruption. If they are not employed as civil servants and not
eligible for retirement, they may no longer receive salaries and shall pay
voluntary insurance premiums under law; if they are transferred, rotated or
seconded cadres or civil servants, competent agencies shall provide them with
appropriate jobs or entitlements under law.
The Government shall specify
this Clause.
Article 63. Election, recruitment,
training and retraining of commune-level cadres and civil servants
1. Commune-level cadres shall
be elected under the Law, on Organization of People’s Councils and People’s
Committees, the Law on Election of People’s Council Deputies, statutes of
concerned organizations, other laws and regulations of competent agencies.
2. Commune-level civil servants
shall be recruited through examination; for mountainous, border, island,
deep-lying, remote and ethnic minority areas and areas with especially
difficult socio-economic conditions, they may be recruited through selection.
District-level Peoples
Committee presidents shall organize recruitment of commune-level civil servants
under the Government’s regulations.
3. The training and retraining
of commune-level cadres and civil servants must be based on criteria for each
post and title, task requirements and in line with cadre and civil servant
planning.
The training and retraining
regime applicable to commune-level cadres and civil servants shall be
prescribed by competent agencies of the Communist Party of Vietnam and the
Government.
Funds for training and
retraining cadres and civil servants shall be covered by the slate budget and
other sources under law.
Article 64. Evaluation,
categorization, request for job discontinuation, resignation, relief of duty,
job discontinuation and retirement of commune-level cadres and civil servants
The evaluation, categorization,
request for job discontinuation, resignation, relief of duty, job
discontinuation and retirement of commune-level cadres and civil servants shall
be conducted under relevant provisions of this Law applicable to cadres and
civil servants, other relevant legal provisions and statutes.
Chapter
VI
MANAGEMENT
OF CADRES AND CIVIL SERVANTS
Article 65. Management of cadres
and civil servants
1. Management of cadres and
civil servants covers:
a) Promulgating, and organizing
the implementation of. legal documents on cadres and civil servants;
b) Elaborating plannings and
plans on cadres and civil servants:
c) Prescribing tittles and
structure of cadres;
d) Prescribing ranks, titles
and codes of civil servants; descriptions, working positions and structure of
civil servants for determining payrolls;
e) Other affairs related to the
management of cadres and civil servants under this Law.
2. Competent agencies of the
Communist Party of Vietnam, the Standing Committee of the National Assembly and
the Government shall specify the contents of management of cadres and civil
servants prescribed in this Article.
Article 66. Competence to decide
on payrolls of cadres and civil servants
1. The competence to decide on
cadre payrolls complies with laws and regulations of competent agencies of the
Communist Party of Vietnam.
2. The Standing Committee of
the National Assembly shall decide on civil servant payrolls of the Office of
the National Assembly, the State Audit, the Supreme People’s Court and the
Supreme People’s Procuracy.
3. The President shall decide
on the civil servant payroll of the Office of the President.
4. The Government shall decide
on civil servant payrolls of ministries, ministerial-level agencies,
government-attached agencies, provincial-level agencies, and public
non-business units of the State.
5. On the basis of decisions on
payroll quotas assigned by the Government, provincial-level People’s Councils
shall decide on civil servant payrolls of agencies of People’s Councils and
People’s Committees, and public non-business units of People’s Committees at
all levels.
6. Competent agencies of the
Communist Party of Vietnam shall decide on civil servant payrolls of agencies
and public non-business units of the Party and socio-political organizations.
Article 67. Management of cadres
and civil servants
1. The management of cadres and
civil servants complies with this Law, other relevant laws, the Statutes of the
Communist Party of Vietnam and socio-political organizations, and documents of
competent agencies and organizations.
2. The Government performs the
unified management of civil servants.
The Ministry of Home Affairs
shall take responsibility to the Government for performing the state management
of civil servants.
Ministries, ministerial-level
agencies and provincial-level People’s Committees shall, within the scope of
their tasks and powers, perform the state management of civil servants
according to the Government’s assignment and decentralization.
District-level People’s
Committees shall, within the scope of their tasks and powers, perform the state
management of civil servants according to provincial-level People’s
Committeesrsquo; assignment and decentralization.
3. Competent agencies of the
Communist Party of Vietnam and socio-political organizations shall, within the
scope of their tasks and powers, perform the state management of civil servants
according to competent authorities decentralization and the Government’s
regulations.
Article 68. Cadre and civil
servant management reporting regime
1. Annually the Government shall
report to the National Assembly on cadre and civil servant management.
2. The preparation of the
Government’s reports on cadre and civil servant management is prescribed below:
a) Ministries,
ministerial-level agencies, government-attached agencies and provincial-level
People’s Committees shall report on the management of cadres and civil servants
under their respective management;
b) The Supreme People’s Court,
the Supreme People’s Procuracy, the State Audit, the Office of the National
Assembly and the Office of the President shall report on the management of
cadres and civil servants under their respective management;
c) Competent agencies of the
Communist Party of Vietnam and socio-political organizations shall report on
the management of cadres and civil servants under their respective management.
Reports mentioned at Points a,
b and c of this Clause shall be sent to the Government before September 30
every year for sum-up and preparation of reports to the National Assembly.
3. The preparation of reports
on the management of cadres in agencies of the Communist Party of Vietnam and
socio-political organizations complies with laws and regulations of competent
agencies.
4. Reports on cadre and civil
servant management have the contents as prescribed in Article 65 of this Law.
Article 69. Management of cadre
and civil servant records
1. Competent agencies,
organizations and units shall manage records of cadres and civil servants under
their management. Cadre and civil servant records must fully contain prescribed
documents to accurately reflect the working process of cadres and civil
servants.
2. Competent agencies of the
Communist Party of Vietnam shall guide the compilation and management of
records of cadres and civil servants under their respective management.
3. The Ministry of Home Affairs
shall guide the compilation and management of cadre and civil servant records,
except for the case mentioned in Clause 2 of this Article.
Chapter
VII
CONDITIONS
TO ASSURE PUBLIC-DUTY PERFORMANCE
Article 70. Public offices
1. Public offices are working
offices of agencies of the Communist Party of Vietnam, the State,
socio-political organizations and public non-business units, have own names and
specific addresses, including construction works and other assets within the
premises of working offices.
2. The State invests in
building public offices for agencies of the Communist Party of Vietnam, the
State and socio-political organizations.
3. The size, location and
design criteria of public offices shall be prescribed by competent agencies to
suit the functions, tasks and organizational apparatuses of each agency,
organization and unit already approved by competent state agencies and use
standards and norms.
Article 71. Public-duty houses
1. The Stale invests in
building public-duty houses for lease to cadres and civil servants during the
period of transfer, rotation or secondment. At the end of this period, cadres
and civil servants shall return public-duty houses to agencies, organizations
and units managing these houses.
2. Agencies, organizations and
units managing public-duty houses shall ensure the management and use of these
houses for proper purposes and users.
Article 72. Working equipment in
public-offices
1. The State ensures working equipment
in public offices to serve public-duty performance: attaches importance to
investing in and applying information technology to increase the effectiveness
of public-duty performance.
2. On the basis of task
requirements, agencies, organizations and units shall procure working equipment
according to standards and norms for and regulations on management and use of
state assets.
3. Heads of agencies,
organizations and units shall formulate regulations on management of working
equipment in public offices, ensuring efficiency and thrift.
Article 73. Vehicles for travel in
public-duty performance
The State arranges vehicles for
travel of cadres and civil servants to perform public duties in accordance with
the law on management and use of state assets; if vehicles cannot be arranged,
cadres and civil servants may be paid for travel expenses according to the
Government’s regulations.
Chapter
VIII
PUBLIC-DUTY
INSPECTION
Article 74. Scope of public duty
inspection
1. To inspect the performance
of tasks and exercise of powers by cadres and civil servants in accordance with
this Law and relevant regulations.
2. To inspect the recruitment,
appointment, training, retraining, transfer, rotation, secondment, relief of
duty, evaluation, job discontinuation, retirement, rewarding and disciplining
of cadres and civil servants, ethics and communication culture in public-duty
performance of civil servants, and conditions to assure public-duty
performance.
Article 75. Public duty inspection
1. The inspectorates of
ministries and provincial-level services, provincial-level and district-level
inspectorates shall, within the ambit of their tasks and powers, inspect the
performance of tasks and exercise of powers by cadres and civil servants.
2. The inspectorates of the
Ministry of Home Affairs and provincial-level Services of Home Affairs shall
conduct specialized inspection within the scope defined in Clause 2, Article 74
of this Law.
3. The Government shall issue
specific regulations on public-duty inspection.
Chapter
IX
COMMENDATION.
AND HANDLING OF VIOLATIONS
Article 76. Commendation of cadres
and civil servants
1. Cadres and civil servants
with outstanding public duty performance may be commended in accordance with
the law on emulation and commendation.
2. Cadres and civil servants
who are commended for excellent achievements or merits are entitled to salary
raise ahead of time and priority appointment to higher posts if so needed by
agencies, organizations or units.
The Government shall specify
this Clause.
Article 77. Relief of cadres and
civil servants from responsibility
Cadres and civil servants are
relieved from responsibility in the following cases:
1. Having to implement illegal
decisions of superiors after reporting to decision issuers;
2. In force majeure circumstances
as prescribed by law.
Article 78. Forms of disciplining
cadres
1. Cadres who violate this Law
and other relevant laws are. depending on the nature and seriousness of
violation, subject to one of the following disciplinary forms:
a) Reprimand;
b) Caution;
cl Demotion;
d) Removal from office.
2. Demotion is applicable only
to cadres approved to hold posts according to term of office.
3. Cadres who commit a criminal
offense, are convicted by a court and their sentences or rulings have taken
effect will be automatically disallowed to continue their elected, approved or
appointed posts; if they are subjected to an imprisonment sentence which is not
suspended, they will be automatically sacked.
4. The application of
disciplinary forms to. and the competence, order and procedures for
disciplining cadres comply with legal provisions, the statutes of the Communist
Party of Vietnam and socio-political organizations, and documents of competent
agencies and organizations.
Article 79. Forms of disciplining
civil servants
1. Civil servants who violate
this Law or other relevant laws are, depending on the nature and seriousness of
violation, subject to one of the following disciplinary forms:
a) Reprimand;
b) Caution;
cl Salary reduction;
d) Demotion;
e) Removal from office:
e) Sack.
2. Demotion and removal from
office are applicable only to civil servants holding leading or managerial
posts.
3. Civil servants who arc
subject to an imprisonment sentence which is not suspended will be
automatically sacked on the date their sentences or rulings take effect:
leading or managerial civil servants who are convicted by a court and their
sentences or rulings have taken effect will automatically be removed from their
appointed posts.
4. The Government shall
stipulate the application of disciplinary forms, and the order, procedures and
competence to discipline civil servants.
Article 80. Statute of limitations
and lime limits for disciplining
1. The statute of limitations
for disciplining is a time limit prescribed by this Law at the end of which a
cadre or civil servant who has committed a violation will not be disciplined.
The statute of limitations for
disciplining is 24 months, counting from the date of committing a violation.
2. The time limit for
disciplining a cadre or civil servant is a period from the time of delecting a
cadre or civil servant’s breach of discipline to the time of issuance by a
competent agency or organization of disciplining decision.
The time limit for disciplining
is 2 months; if a case involves complicated circumstances which need further
verification, this time limit may be prolonged but must not exceed 4 months.
3. For an individual against
whom a criminal case was instituted or who was prosecuted or decided to be
brought to trial according to criminal procedures but then his/her
investigation or trial is terminated under a decision, if his)her act of
violation shows signs of breach of discipline, he/she shall be disciplined
within 3 days after the date the investigation or trial termination decision is
issued. The decision issuer shall send the decision and the case file to the
competent agency, organization or unit for disciplining.
Article 81. Suspension of cadres
and civil servants from working
1. While considering
disciplining a cadre or civil servant, the agency, organization or unit
managing him/her may issue a decision to suspend his/her work if it deems that
his/her continued work may cause difficulties to the handling of his/her
violation. The time limit for such suspension is 15 days and may be extended in
special cases but not for another 15 days. If a cadre or civil servant is
seized or detained to serve investigation, prosecution or trial activities, the
period of seizure or detention is regarded as a time of justified leave; past this
time limit if the cadre or civil servant faces no discipline, he/she may resume
his/her work.
2. During the time of work
suspension or seizure or detention to serve investigation, prosecution or trial
activities, a cadre or civil servant may still receive salaries under the
government’s regulations.
Article 82. Other provisions
concerning disciplined cadres and civil servants
1. For cadres or civil servants
who are reprimanded or cautioned, their salary raise period will be prolonged
for 6 months from the date their disciplining decisions take effect; if being
demoted or removed from office, their salary raise period will be prolonged for
12 months from the date their disciplining decisions take effect.
2. For cadres or civil servants
who are disciplined in the form of reprimand to removal from office, they are
not entitled to rank promotion, planning, training and appointment for 12
months from the effective dale ol theii disciplining decisions; past this time
limit, if they commit no violations subject to discipline, they are again
entitled to rank promotion, planning, training and appointment according to
law.
3. Cadres and civil servants
who are being examined for disciplining, investigated, prosecuted or tried may
not stand as candidates, be nominated, appointed, transferred, rotated,
seconded, trained or retrained, sit rank promotion examinations, retire or give
up their jobs.
4. Cadres and civil servants
who are removed from office due to corruption may not be appointed to leading
or managerial posts.
Article 83. Management of
commendation and disciplining records of cadres and civil servants
The commendation and
disciplining of cadres and civil servants shall be filed in their records.
Chapter X
IMPLEMENTATION PROVISIONS
Article
84. Application
of the Law on Cadres and Civil Servants to other subjects
1. Competent agencies of the
Communist Party of Vietnam, the Standing Committee of the National Assembly and
the Government shall specify the application of this Law to elected persons who
are other than those defined in Clause 1. Article 4 of this Law; and the
allowance regime for retired persons who are elected to hold cadre posts or
titles.
2. Competent agencies of the
Communist Party of Vietnam and the Government shall specify the application of
the Law on Cadres and Civil Servants to those who are transferred and assigned
by the Party or the State and those who are recruited and appointed according
to assigned payroll quotas to work in socio-politico-professional
organizations, social organizations and socio-professional organizations.
3. The Government shall specify
the application of the Law on Cadres and Civil Servants to chairmen of
management boards, members of management boards, directors general, deputy
directors general, directors, deputy directors, chief accountants and holders
of other leading and managerial posts in slate enterprises; and those who are
appointed by the state as owner representatives of state capital portions in
state-invested enterprises.
4. The Government shall prescribe
the frame quantities, regimes and policies towards commune-level persons
working on a part-time basis.
Article 85. Transitional
provisions applicable to persons working in public non-business units
Current legal provisions
concerning those working in public nun business units other than cadres and
civil servants defined in this Law continue to apply pending the promulgation
of the Law on Public Employees.
Article 86. Effect
1. This Law takes effect on
January 1, 2010.
2. The February 26. 1998
Ordinance on Cadres and Civil Servants; the April 28, 2000 Ordinance Amending
and Supplementing a Number of Articles of the Ordinance on Cadres and Civil
Servants; and the April 29, 2003 Ordinance Amending and Supplementing a Number
of Articles of the Ordinance on Cadres and Civil Servants cease to be effective
on the effective date of this Law.
Article 87. Implementation
detailing and guidance
The Standing Committee of the
National Assembly, the Government and other competent agencies shall detail and
guide articles and clauses of this Law as assigned; and guide other necessary
provisions of this Law to meet state management requirements.
This Law was passed on November
13, 2008, by the 12th National Assembly of the Socialist
Republic of Vietnam at its 4th session.
Ý KIẾN