Proposed new regulations on job positions

Specifically, in the draft, the Ministry of Home Affairs proposed to add Chapter III with separate regulations on job positions, including 4 articles (from Article 11 to Article 14) on the concept of job positions, classification of job positions; basis for determining job positions; changing job positions and management content on job positions.

Job positions and job position classification

According to the draft, the concept of job position has 2 options, including:

- Option 1:Job position is the name that identifies the tasks of a specific job associated with a professional title or leadership or management position, built on the basis of the functions, tasks and organizational structure of the agency, organization or unit, and is the basis for recruiting, using and managing the team.

- Option 2:Job position is the name of a professional or technical civil servant title or leadership or management position, associated with work and position in an agency, organization, unit, tasks, responsibilities, authority and specific results and products.

Structure of job position: Name; job description; responsibilities, tasks, authorities; competency framework (knowledge, skills, ability to meet job requirements, ...).

Job position classification: a- Officer job position; b- Leadership and management job position; c- Professional and technical job position; d- Support and service job position.

The principle of determining job positions must be consistent with the organizational structure and operations of agencies, organizations and units with similar functions and tasks; ensure scientific, objective, public, transparent, democratic and consistent with reality; ensure consistency and synchronization in the recruitment, arrangement, use and management of cadres and civil servants according to job positions.

Basis for determining job position

The draft clearly states that the basis for determining job positions includes:

Functions, tasks, powers, organizational structure of agencies, organizations, units.

Level of complexity, nature, characteristics, scale of operation; scope, service objects; professional and technical management process according to regulations of specialized laws.

Level of modernization of offices, equipment, working facilities, application of information technology, digital transformation;

In addition to the above regulations, local agencies and organizations shall base on geographical location; nature, scale, population structure; economic growth rate and urbanization; socio-economic development strategy; and local security and order situation.

Change of job location

Changing job positions must be based on the job position needs of the agency, organization, or unit and must meet the standards and conditions of the new job position.

The agency or organization managing civil servants shall issue regulations on methods and content of examinations to organize examinations and assessments of civil servants in order to arrange and assign them to jobs suitable to their capacity and qualifications according to the job position.

Job position management content

According to the draft Law, the content of job position management includes:

1- Issue legal documents on job positions.

2- Regulations and instructions on authority, responsibility, and methods for determining job positions.

3- Regulations on competent authorities to guide, decide, approve, adjust and change job positions.

4- Regulations on methods and contents of testing and assessment to organize testing and assessment of civil servants to arrange and assign them to job positions suitable to their capacity and qualifications according to the principle of "in and out, up and down".

5- Inspect, check, compile statistics, summarize and report on job positions.

6- Resolve complaints, denunciations and handle violations in job position management, according to the provisions of law.

7- The Government shall detail this Article and other contents related to civil servant job positions and civil servant job positions for which labor contracts are signed.