Proposed new regulations on job positions

Specifically, in the draft, the Ministry of Interior proposes adding Chapter III, which includes four articles (from Article 11 to Article 14) specifically regulating job positions, covering the concept of job positions, classification of job positions; basis for determining job positions; changes in job positions; and management content related to job positions.

Job positions and job classification

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

- Option 1:A job position is a designation that defines the specific tasks of a job associated with a professional title or leadership/management position. It is established based on the functions, duties, and organizational structure of an agency, organization, or unit, and serves as the basis for recruitment, employment, and management of personnel.

- Option 2:A job position is the title of a professional or technical civil servant or a leadership or management position, associated with the work and role within an agency, organization, or unit, including specific tasks, responsibilities, authority, and expected results or products.

The structure of a job position includes: Job title; job description; responsibilities, duties, and authority; competency framework (knowledge, skills, and abilities required for the job, etc.).

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

The principles for determining job positions must be consistent with the organizational structure and operations of agencies, organizations, and units with similar functions and tasks; ensuring scientific, objective, open, transparent, democratic, and practical approaches; and ensuring uniformity and consistency in the recruitment, placement, utilization, and management of officials and civil servants according to job positions.

Basis for determining job positions

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

Functions, duties, powers, and organizational structure of agencies, organizations, and units.

The level of complexity, nature, characteristics, and scale of operations; scope and target audience served; and professional and operational management processes as prescribed by specialized laws.

The level of modernization of the workplace, equipment, working tools, application of information technology, and digital transformation;

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

Change of job position

Changes in job positions must be based on the job 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 the methods and content of examinations, in order to organize assessments and evaluations of civil servants and to assign them to positions that match their abilities and qualifications.

Content related to job position management

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

1. Promulgate legal regulations on job positions.

2. Regulations and guidelines on the authority, responsibilities, and methods for determining job positions.

3. Regulations specifying the competent authorities responsible for guiding, deciding, approving, adjusting, and changing job positions.

4. Regulations on the methods and content of examinations and assessments to organize the assessment and evaluation of civil servants for placement in positions suitable to their abilities and qualifications, following the principle of entry and exit, promotion and demotion.

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

6. Resolving complaints, denunciations, and handling violations related to job position management, in accordance with the law.

7. The Government shall provide detailed regulations for this Article and other matters related to civil servant positions and civil servant positions for which labor contracts are signed.

Minh Hien