New Government Decree on classification of disciplined officials and civil servants

On July 17, Prime Minister Pham Minh Chinh signed and issued Decree 48 amending and supplementing a number of articles of Decree 90/2020 on assessing and classifying the quality of civil servants and public employees.

Accordingly, the Decree adds Clauses 5 and 6 to Clause 4, Article 2 of the old Decree.

Specifically, the new decree stipulates that cadres, civil servants, and public employees who are subject to Party or administrative disciplinary action in the evaluation year will be classified as not completing their tasks.

In case the violation has not been subject to a disciplinary decision by a competent authority but has been used as a basis for assessing and classifying the quality as not completing the task, the disciplinary decision issued after the year of assessment for that violation (if any) shall not be counted for assessing and classifying the quality in the year of the disciplinary decision.

In case a cadre, civil servant or public employee is a Party member and has been subject to Party disciplinary action and administrative discipline for the same violation, but the Party disciplinary decision and the administrative disciplinary decision do not take effect in the same year of assessment, it will only be considered as a basis for quality classification in one year of assessment.

The Decree also stipulates that the proportion of cadres, civil servants and public employees classified as "Excellently completing tasks" among the total number of cadres, civil servants and public employees at the same agency, organization or unit, and for each group of subjects with similar tasks, must not exceed the proportion of party members classified as "Excellently completing tasks".

In case an agency, organization or unit has outstanding achievements, completes assigned tasks ahead of schedule, completes unexpected tasks well, proposes or organizes innovation and creativity, creates positive changes, brings practical value and efficiency, then the competent authority shall decide on the rate of excellent task completion in accordance with reality, ensuring the rights and legitimate interests of cadres, civil servants and public employees.

Encourage the application of technology for assessment and classification

In addition, the decree also amends and supplements Clause 1, Article 23 of Decree 90 on the basis of regulations of competent authorities managing cadres, civil servants and public employees on quality assessment and classification, agencies, organizations and units using cadres, civil servants and public employees shall promulgate assessment regulations suitable to the characteristics of their agencies, organizations and units.

The content of the regulations must clearly identify specific products associated with each job position, criteria for evaluating quality, efficiency, and assessment time by quarter, month or week (if any).

Basis for determining the percentage of work completion; component criteria for evaluating and classifying the quality of cadres, civil servants, and public employees, taking into account the ratio of the workload of cadres, civil servants, and public employees performed compared to the total workload of the agency, organization, or unit.

The new regulation encourages the application of information technology to evaluate and classify the quality of cadres, civil servants and public employees, ensuring compliance with the provisions of this decree.

The assessment and classification of the quality of people working in cryptographic organizations is carried out in accordance with the provisions of the law on cryptography and is not contrary to the principles of assessment and classification of cadres of competent authorities.

This Decree takes effect from September 15, 2023. The provisions of this Decree shall not be reconsidered for cases that have had quality classification results before the effective date of this Decree.

In case the competent authority conducts the review, assessment and classification of the quality of cadres, civil servants and public employees before the effective date of this Decree, the provisions of law at that time shall continue to be applied for implementation.