DECREE

TRAINING AND REFRESHER TRAINING OF OFFICIALS AND PUBLIC EMPLOYEES

Government’s Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which comes into force from October 21, 2017, amended by:

Government’s Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to some Articles of Government’s Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which comes into force from December 10, 2021

Pursuant to the Law on Governmental Organization dated June 19, 2015;

Pursuant to the Law on Officials dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law on Education dated June 14, 2005 and Law on Amendments to the Law on Education dated November 25, 2009

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At the request of the Minister of Home Affairs;

The Government hereby promulgates a Decree on training and refresher training of officials and public employees.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree provides for contents, programs, forms and management of training and refresher training of officials and public employees

2. This Circular applies to:

a) Officials of regulatory bodies;

b) Officials of the Communist Party authorities, regulatory bodies, Vietnamese Fatherland Front, socio-political organizations in central echelon, provinces and districts; officials in communes, wards and district-level towns (hereinafter referred to as “communal level”)

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Article 2. Objectives

Equip knowledge, skills and methods for performance of tasks throughout official duty activities of officials and professional activities of public employees, make a contribution to establishment of a contingent of professional officials and public employees who demonstrate ethical credentials, strong political spirit and ability and meet the requirements for serving the people and the national development

Article 3. Principles

1. Provide training and refresher training based on official pay grade standards, public employees’ professional title standards; leadership and managerial position standards; working positions; in association with the employment and management of officials and public employees and in conformity with the plans for training and refresher training and demands for development of human resources of authorities and units

2. Carry out assignment and delegation in provision of refresher training based on the official pay grade standards, public employees’ professional title standards, leadership and managerial position standards; associate assignment and competitiveness in provision of refresher training depending on requirements of working positions

3. Promote self-study and selection of refresher training programs depending on working positions of officials and public employees

4. Ensure publicity, transparency and effectiveness.

Chapter II

TRAINING OF OFFICIALS AND PUBLIC EMPLOYEES

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The training of officials and public employees shall comply with regulations of law on education and training and conform to plans for training and refresher training and planning for human resource of authorities and units

Article 5. Persons who are eligible and conditions for receipt of intermediate-, college- and university- level training

1. Communal-level officials and public employees must be ethnics or work in mountainous communes, border communes, islands, remote and isolated areas, ethnic minorities areas and extremely disadvantaged areas and make a commitment to perform tasks or official duties at their authorities and units after completion of the training program for a period of time which is 02 times longer than the training period

2. Any person in Clause 1 of this Article sent to study under a cooperation program with a foreign country which is concluded or acceded to on behalf of the State of the Socialist Republic of Vietnam shall, in addition to satisfaction of the conditions specified in Clause 1 of this Article, satisfy other requirements of the cooperation program

Article 6. Conditions for receipt of postgraduate training

1. An official must satisfy the following conditions:

a) He/She has worked for full 03 years or more (exclusive of the probation period) and for 02 consecutive years of successfully completing his/her tasks before the time he/she is sent to undergo training

b) He/She must not be older than 40 years from the time he/she is sent to undergo postgraduate training for the first time;

c) He/She must make a commitment to perform tasks or official duties at his/her authority or unit after completion of the training program for a period of time which is 02 times longer than the training period;

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2. A public employee must satisfy the following conditions:

a) His/Her probation period (if any) is over;

b) He/She must make a commitment to perform tasks or work at his/her authority or unit after completion of the training program for a period of time which is 02 times longer than the training period;

c) His/Her major must be suitable for his/her working position

3. Any official or public employee sent to study under a program on cooperation with a foreign country which is concluded or acceded to on behalf of the State or Government of the Socialist Republic of Vietnam shall, in addition to satisfaction of the conditions specified in Clauses 1 and 2 of this Article, satisfy other requirements of the cooperation program

Article 7. Compensation for training costs

Any official or public employee sent to undergo training at intermediate level or higher covered by the state budget or funding of the authority managing or employing him/her must compensate for the training costs in either of the following cases:

1. He/She drops out or quits his/her job without permission or unilaterally terminates the employment contract during the training period

2. He/She is not granted a graduation diploma by the training institution.

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Article 8. Compensation and calculation of compensation

1. Compensation includes tuition fees and other expenditures that serve the training course, excluding salary and other allowances (if any).

2. Calculation of compensation

a) With regard to cases prescribed in Clauses 1 and 2 Article 7 of this Decree, the official or public employee must pay 100% of compensation

b) With regard to cases prescribed in Clause 3 Article 7 of this Decree, the compensation shall be calculated according to the following formula:

S =

E

x (T1 - T2)

T1

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- S is the compensation;

- F is the total training costs actually paid by the authority or unit sending the official or public employee to study to 01 person joining a training course;

- T1 is the required length of service after completion of a course (or courses), which is the rounded number of months;

- T2 is the required length of service after training, which is the rounded number of months;

For example: Mr. A is sent to undergo postgraduate training for 02 years (= 24 months). The training cost is VND 30 million. As committed, Mr. A must serve for at least 48 months after completion the training. After graduation, Mr. A has served in his authority for 24 months. Then, Mr. A quits his job without permission. The training cost to be compensated by Mr.A is:

S =

30 million (VND)

x (48 months – 24 months) = 15 million (VND)

48 months

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An official or public employee is eligible for a 1% reduction in the compensation for each working year (exclusive of the probation period and working period after the training) In case of a female person or ethnic, an official or public employee is eligible for a 1.5% reduction in the compensation for each working year.

Article 10. Compensation Council

1. The compensation Council shall advise the Head of authority managing officials and public employees or authority or unit delegated to manage officials and public employees about consideration of cases in which costs must be compensated and propose compensation for training costs

2. The Council shall operate on a principle of publicity, democracy and voting under the majority rule.

3. The Council shall shut down and dissolve itself after completion of its tasks.

Article 11. Establishment of compensation Council

1. The Head of authority managing officials and public employees or authority or unit delegated to manage officials and public employees shall establish a compensation Council

2. A compensation Council shall include:

a) Chairperson of the Council: 01 senior representative of the Department (Division) of Personnel and Organization, Department of Home Affairs or authority or unit delegated to manage officials and public employees

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c) 01 representative of the trade union of the unit employing officials and public employees;

d) 01 representative of the finance – accounting department of the authority paying for courses;

dd) 01 senior representative of the unit employing officials and public employees

Article 12. Meeting of the compensation Council

1. Chairperson of the Council shall hold compensation meetings. A meeting is only held if all members of the Council attend

2. Procedures:

a) The Secretary shall declare the decision on establishment of the Council

b) The Chairperson shall state the tasks and working process of the Council;

c) The Secretary shall read regulations on compensation for training costs;

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dd) The representative of the finance – accounting department of the paying authority shall report costs of the course and determine cases in which the training cost must be compensated as prescribed in Article 7 of this Decree;

e) The Council shall discuss cases and compensation.

3. The Council’s proposal for compensation shall be made in writing and sent to the Head of the authority managing such official or public employee or authority or unit delegated to manage such official or public employee within 3 working days from the end of the meeting.

4. The funding for organization of the meeting shall be covered by training and refresher training funding of the authority managing the official or public employee

Article 13. Compensation decision

According to the compensation Council's proposal, the Head of authority managing the official or public employee or authority or unit delegated to manage the official or public employee shall issue a decision on compensation for training costs

Article 14. Payment and recovery of compensation

1. Within 120 days from the date of receipt of the decision on compensation for training costs issued by the competent authority, the person subject to compensation for the training costs shall full pay the compensation

2. The compensation shall be paid to the authority or unit that paid for the course.

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Chapter III

REFRESHER TRAINING OF OFFICIALS AND PUBLIC EMPLOYEES

Section 1. FORMS, CONTENTS, PROGRAMS AND CERTIFICATES OF REFRESHER TRAINING

Article 15. Forms of refresher training

1. Official pay grade standard- and public employees’ professional title standard-based refresher training

2. Leadership or managerial position or title-based refresher training.

3. Communal-level official position or title-based refresher training.

4. Refresher training depending on requirements of working positions

Article 16. Contents of refresher training

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2. National defense and security knowledge

3. State management knowledge and skills.

4. Knowledge and skills depending on requirements of working positions.

Article 17. Refresher training programs and documents

1. Political theory refresher training programs include

a) Political theory refresher training programs and documents based on leadership or managerial positions;

b) Political theory refresher training programs and documents based on standards of pay grades and titles of officials and public employees

2. National defense and security knowledge refresher training programs and documents include

a) National defense and security knowledge refresher training programs and documents based on leadership and managerial positions or titles;

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3. State management knowledge and skill refresher training programs and documents based on official pay grade standards include:

a) Refresher training programs and documents for officials in "expert" grade and equivalent with a training duration of at most 04 weeks;

b) Refresher training programs and documents for officials in "principal expert" grade and equivalent with a training duration of at most 06 weeks;

c) Refresher training programs and documents for officials in "senior expert" grade and equivalent with a training duration of at most 08 weeks;

4. Specialized public employees’ professional title standard-based refresher training programs and documents Each major has 01 program with a training duration of at most 06 weeks

5. Programs and documents on refresher training in knowledge and skill depending on requirements of working positions.

a) Programs and documents on refresher training depending on requirements for leadership and managerial positions with a training duration of at most 02 weeks include:

Refresher training programs and documents for divisional-level leaders and managers and equivalent;

Refresher training programs and documents for district-level leaders and managers and equivalent;

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Refresher training programs and documents for central-level leaders and managers and equivalent;

b) Programs and documents on refresher training depending on requirements of working positions, in professional expertise (specialized expertise; shared professional expertise; specialized professional titles; shared professional titles) with a training duration of at most 01 week for each program

c) Communal-level official position or title-based refresher training programs and documents with a training duration of at most 01 week for each program

Article 18. Requirements for participation in refresher training programs

1. The officials and public employees who participates in programs on refresher training in political theory, programs on refresher training in knowledge about national defense and security shall follow the guidance of competent agencies.

2. The officials must complete state management knowledge refresher training programs based on official pay grade standards before appointment of pay grade.

3. The public employees must complete specialized public employees’ professional title standard-based refresher training programs before appointment of professional titles

4. The officials and public employees who participate in programs on refresher training in knowledge and skills depending on requirements of working positions shall follow rules of competent authorities managing officials and public employees and their demands with training duration of 01 week (40 periods)/year to 04 weeks (160 periods)/year.

Article 19. Management of refresher training programs

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2. The Ministry of National Defense takes charge and cooperates with the Ministry of Public Security in formulation, provision and management of programs on refresher training in national defense and security knowledge

3. The Ministry of Home Affairs formulates, provides and manages programs on refresher training in state management knowledge based on official pay grade standards; programs on refresher training depending on requirements for leadership and managerial positions

4. Ministries managing professional titles of specialized public employees formulate, provide and manage specialized public employees’ professional title standard-based refresher training programs

5. Ministries, ministerial-level agencies, Governmental agencies, central bodies of socio-political organizations and the People's Committees of provinces formulate, provide and manage refresher training programs depending on requirements of working positions, in specialized expertise for officials, public employees and communal-level officials under their management

Article 20. Drafting of refresher training programs and documents

1. The drafted programs and documents shall conform to officials' standards, official pay grade standards, public employees’ professional title standards, leadership and managerial position standards and actual requirements in each period.

2. Contents of every program and document shall ensure a combination of theory and practice; knowledge, experience and practical skills and no overlapping. The programs and documents must be regularly supplemented, updated and enhanced to suit realities.

3. Program managing authorities shall organize the drafting of programs under their management;

4. Ho Chi Minh National Academy of Politics, National Academy of Public Administration, schools of politics of provinces, official and public employees training and refresher training institutions of Ministries, ministerial agencies, Governmental agencies and socio-political organizations in central echelon (hereinafter referred to as “training and refresher training institutions”), academies, research institutes, universities, junior colleges, post-secondary schools (hereinafter referred to as “training and research institutions”); agencies and units shall draft documents for refresher training programs as assigned by competent authorities.

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1. Official pay grade standard-, public employees’ professional title standard- and leadership and managerial position standard-based refresher training programs and documents must be appraised prior to their promulgation

2. The programs and documents on refresher training depending on requirements of working position, in professional expertise; communal-level official position or title-based refresher training programs and documents must be approved prior to being put into use

3. The program managing authorities shall organize appraisal or approval for refresher training programs

4. Ho Chi Minh National Academy of Politics, National Academy of Public Administration; training and refresher training institutions; training and research institutions; agencies and units shall organize appraisal or approval for refresher training documents which they are assigned to draft

Article 22. Refresher training program and document appraisal Council

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of competent authorities of the Communist Party of Vietnam, heads of socio-political organizations in central echelon and Chairpersons of the provincial People’s Committees shall establish a Council to appraise the programs under their management

2. The Director of Ho Chi Minh National Academy of Politics, Director of National Academy of Public Administration, heads of training and refresher training institutions, heads of training and research institutions and heads of authorities and units shall establish or request a competent authority to establish a Council to appraise refresher training documents which they are assigned to draft

3. An appraisal Council shall be composed of 05 or 07 members, including a Chairperson, a Secretary, 02 members cum reviewers and other members.

4. Members of the Council shall be experienced and reputable managers and scientists that have suitable expertise and not be those who directly draft the appraised programs and documents

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1. The Chairperson shall;

a) Take responsibility for operation of the Council;

b) Organize appraisal of programs and documents as requested and on schedule;

c) Assign tasks to members of the Council;

d) Convene and chair meetings of the Council.

2. The Secretary shall;

a) Assist the Chairperson in preparing contents and programs and holding meetings of the Council;

b) Take minutes of meetings of the Council;

c) Perform other tasks assigned by the Chairperson

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a) Study programs and documents and prepare evaluation forms;

b) Attend all appraisal meetings. In case of failure to attend, their written evaluation must be sent to the Secretary before the date on which an appraisal meeting is held

Article 24. Work regime and meetings of the appraisal Council

1. The Council shall operate on a principle of collective discussion, secret ballot and decision making under majority rule.

2. The result of appraisal of a program or document is:

a) satisfactory and a competent authority is requested to promulgate the program or document

b) satisfactory but the program or document must be revised and completed before being submitted to a competent authority for promulgation;

c) unsatisfactory and the program or document must be re-edited and re-appraised

3. A Council’s meeting is only held if 2/3 of the Council’s members are present, including the Chairperson and Secretary who must not be absent Working process of the Council is as follows:

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b) The Council shall pass the working process;

c) Representative of the authority or unit presiding over the drafting shall present the drafting process and basic contents of the program or document

d) Members of the Council shall comment on, evaluate and discuss the program or document

dd) Representative of the authority or unit presiding over the drafting shall provide explanation for the issues relevant to the programs and documents at the request of the Council’s members

e) The Council shall elect a Vote Counting Board and cast votes as prescribed in Clause 2 of this Article

g) The Vote Counting Board shall perform its tasks; the head of the Vote Counting Board shall declare the results; if 02 or 03 results are equal, the Council's Chairperson shall have the deciding vote

h) The Council’s Chairperson shall conclude the meeting

i) The Council shall pass the minutes of meeting

4. The minutes of meeting shall:

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b) State the conclusion given by the Council's Chairperson on the results of program and document appraisal as prescribed in Clause 2 of this Article.

5. Within 12 days from the end of the appraisal meeting, an application for program/document appraisal shall be submitted to a competent authority An application shall contain:

a) Evaluation forms and appraisal forms of the Council’s members

b) A minutes of the Council’s appraisal meeting, which clearly specifies the conclusion of the Council's Chairperson; vote counting record

c) Program or document appraised by the Council.

6. According to the Council’s conclusion, the competent authority shall consider and decide to promulgate the program or document.

7. Funding for appraisal shall be covered by the training funding included in the funding for program and document drafting

Article 25. Promulgation of programs and documents

1. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, heads of competent authorities of the Communist Party of Vietnam, heads of socio-political organizations in central echelon and Chairpersons of the provincial People’s Committees shall decide to promulgate and provide guidelines for execution of the programs under their management.

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Article 26. Certificates of refresher training

1. Ho Chi Minh National Academy of Politics, National Academy of Public Administration; training and refresher training institutions; training and research institutions shall grant certificates of refresher training programs that they are assigned to perform.

2. The public employee who has practice certificate as prescribed by law may use the practice certificate to replace certificate of a program on refresher training based on specialized public employees’ professional title standards

3. Certificates of refresher training programs for officials and public employees; commune-level officials and employees shall be used nationwide. The Ministry of Home Affairs provides specific guidelines for management, use and templates for certificates

Section 2. ORGANIZATION OF REFRESHER TRAINING

Article 27. Responsibility for organization of refresher training

1. Ho Chi Minh National Academy of Politics shall organize execution of the following refresher training programs:

a) Political theory refresher training programs based on standards of leadership and managerial positions at district level and equivalent; at provincial level and equivalent;

b) Programs on improvement in professional expertise and pedagogical methodology for political theory lecturers of training and refresher training institutions and training and research institutions

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d) Other refresher training programs assigned by competent authorities.

2. National Academy of Public Administration shall organize execution of the following programs:

a) Programs on refresher training in state management knowledge for officials in "principal expert" grade and equivalent; officials in "senior expert" grade and equivalent;

b) Refresher training programs depending on requirements for leadership and managerial positions at district level and equivalent; at provincial level and equivalent and at central level and equivalent;

c) Refresher training programs depending on requirements of working positions in professional expertise;

d) Programs on improvement in professional expertise and pedagogical methodology for state management lecturers of training and refresher training institutions and training and research institutions

dd) Other refresher training programs assigned by competent authorities.

3. Schools of politics of provinces shall organize execution of the following programs:

a) Political theory refresher training programs based on standards of leadership and managerial titles and positions at divisional level and equivalent

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c) Refresher training programs depending on requirements for working positions of divisional-level leaders and managers and equivalent;

d) Refresher training programs depending on requirements of working positions in professional expertise;

dd) Refresher training program based on communal-level official positions or titles;

e) Other refresher training programs assigned by competent authorities.

4. Official training and refresher training institutions of ministries, ministerial agencies, Governmental agencies and socio-political organizations in central echelon shall organize execution of the following programs:

a) Programs on refresher training in state management knowledge for officials in "expert" grade and equivalent; officials in "principal expert" grade and equivalent;

b) Refresher training programs depending on requirements for working positions of divisional-level leaders and managers and equivalent;

c) Refresher training programs depending on requirements of working positions in professional expertise;

d) Other refresher training programs assigned by competent authorities.

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Article 28. Refresher training methods

Refresher training shall be provided adopting an active method, promoting the self-discipline, active participation and creativity of learners and the sharing of information, knowledge and experience between lecturers and learners and among learners

Article 29. Forms of refresher training

1. Full time

2. Part time

3. Distance

Article 30. Evaluation of the quality of refresher training

1. Quality of refresher training shall be evaluated to provide information about the level of improvement in officials and public employees’ capacity for performance of tasks and official duties after undergoing refresher training

2. Evaluation of the quality of refresher training shall ensure publicity, transparency, objectivity and truthfulness

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a) Evaluation of the quality of refresher training programs;

b) Evaluation of the quality of learners taking refresher training courses;

c) Evaluation of the quality of lecturers teaching refresher training courses;

d) Evaluation of the quality of facilities serving refresher training courses

dd) Evaluation of official and public employee refresher training courses;

e) Evaluation of effectiveness after refresher training of officials and public employees

4. The authorities that manage and units that employ officials and public employees; training and refresher training institutions; training and research institutes shall organize the evaluation of the quality of refresher training or hire the independent evaluating authorities to do so

5. The Ministry of Home Affairs provides specific guidelines for evaluation of the quality of refresher training for officials and public employees

Section 3. OVERSEAS REFRESHER TRAINING FUNDED BY STATE BUDGET

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1. The country selected as the one to which officials and public employees are sent to must satisfy the following requirements

a) It has a modern administration system, managerial experience in study or research in which they are enrolled and which can be applied in Vietnam;

b) Training and refresher training institutions provide conditions of learning and research, and teaching methodologies that are relevant to the purposes, contents and programs of refresher training courses.

2. Organization of overseas refresher training shall ensure publicity, transparency, quality and efficiency

3. Sending officials and public employees to undergo overseas refresher training must suit the needs of authorities and units

Article 32. Conditions for overseas refresher training

1. With regard to refresher training courses with a duration of less than 01 month, officials and public employees must be old enough to work for at least 18 months from the beginning of the refresher training course

2. With regard to refresher training courses with a duration of at least 01 month, officials and public employees must be old enough to work for at least 02 years from the beginning of the refresher training course

3. Officials and public employees are not being considered to face a disciplinary penalty, are not facing a disciplinary penalty or facing a disciplinary penalty that is a reprimand or heavier; are not those who have yet to be permitted for entry or exit as prescribed by law

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5. Professional expertise of officials and public employees sent to undergo refresher training must be suitable for contents of refresher training courses

6. Officials and public employees must be physically fit to satisfy requirements of refresher training courses

Chapter IV

LECTURERS

Article 33. Lecturers providing training and refresher training to officials and public employees

1. Lecturers of Ho Chi Minh National Academy of Politics, National Academy of Public Administration, training and refresher training institutions and training and research institutions; part-time lecturers.

2. Visiting lecturers

Article 34. Standards, tasks and benefits for lecturers providing training and refresher training to officials and public employees

1. Standards

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b) Have strong political credentials and healthy lifestyle;

c) Satisfy the standard of a training qualification according to regulations;

d) Achieve levels of political theories, state management, computer skills, foreign language and pedagogical skills that satisfy requirements of the assigned task;

dd) Be physically fit as required by the profession;

e) Have clear personal history that satisfies the political requirements.

2. Tasks

a) Draft programs and documents and deliver lectures according to regulations;

b) Conduct science and technology researches;

c) Study and undergo refresher training to develop their expertise.

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a) Benefits for lecturers of Ho Chi Minh National Academy of Politics and National Academy of Public Administration shall be decided by competent authorities according to regulations;

b) Lecturers of training and refresher training institutions shall enjoy the benefits which are the same as those for lectures of higher education institutions

4. The Ministry of Home Affairs provides specific guidelines for standards, tasks and benefits for lecturers of training and refresher training institutions

Article 35. Standards, tasks and benefits for visiting lecturers

1. Vietnamese citizens

a) Satisfy the standards specified in Points a, b, c, dd and e Clause 1 Article 34 of this Decree and achieve levels of political theories, state management according to requirements

b) Perform the teaching tasks under the signed contracts;

c) Enjoy the benefits under the signed contracts and regulations of law

2. Foreigners

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b) Satisfy the requirements concerning knowledge and teaching capacity;

c) Enjoy the benefits under the signed contracts and regulations of law

Chapter V

FUNDING FOR TRAINING AND REFRESHER TRAINING, RIGHTS AND RESPONSIBILITIES OF OFFICIALS AND PUBLIC EMPLOYEES SENT TO UNDERGO TRAINING AND REFRESHER TRAINING

Article 36. Funding for training and refresher training

1. The funding for training and refresher training of officials shall be covered by the state budget, funding of authorities managing and employing officials and of officials and sponsorship of domestic and foreign organizations and individuals as prescribed by law.

2. The funding for training and refresher training of public employees shall be covered by the public employees, funding sources of public service providers, funding sources for training and refresher training according to programs and schemes approved by competent authorities and other sources in accordance with the law.

3. The State shall introduce a policy to provide financial assistance in training and refresher training of female officials and public employees and officials and public employees who are ethnics. Ministries, ministerial-level agencies, Governmental agencies, socio-political organizations at the central level and the provincial-level People's Committees shall actively allocate recurrent expenditures and other sources of funding to support female officials and public employees and officials and public employees who are ethnics assigned to participate in training and refresher training in accordance with the law on gender equality and ethnic minority affairs.

4. The funding for training and refresher training for other subjects under this Decree shall be covered by the individuals, funding sources of the operation of authorities and units and other sources in accordance with the law.

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Article 37. Rights of officials and public employees sent to undergo training and refresher training

1. Officials and public employees sent to undergo domestic training and refresher training:

a) Undergo training and refresher training at the convenient time arranged by the authority managing and employing them. Be provided with funding by such authority according to regulations;

b) Be entitled to include the training and refresher training time in consecutive working time;

c) Be entitled to benefits and allowances under regulations of law;

d) Be praised and commended for excellent training or refresher training results.

2. Officials and public employees sent to undergo overseas training and refresher training enjoy the rights in accordance with regulations of law and of authorities and units.

3. Female officials and public employees and officials and public employees who are ethnics shall, in addition to the rights specified in Clauses 1 and 2 of this Article, enjoy the rights as prescribed by regulations of law on gender equality and ethnic minority affairs

Article 38. Responsibilities of officials and public employees

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2. Comply with training regulations and be under the management of training and refresher training institutions throughout the training period

3. Comply with regulations on compensation for training costs

Chapter VI

MANAGEMENT OF TRAINING AND REFRESHER TRAINING

Article 39. Tasks and entitlements of the Ministry of Home Affairs

1. Formulate, request competent authorities to promulgate or promulgate within its power legislative documents on training and refresher training of officials and public employees

2. Formulate, request competent authorities to approve or promulgate within its power strategies, projects and plans for training and refresher training of officials and public employees; provide guidelines for implementation of training and refresher training strategies, projects and plans after the approval and promulgation thereof; monitor and consolidate results of training and refresher training of officials and public employees of ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and the provincial People’s Committees.

3. Formulate plans, manage and provide guidelines for overseas refresher training for officials and public employees funded by state budget. Organize overseas refresher training courses for officials and public employees within its power.

4. Make a list of persons who wish to undergo training and refresher training and a proposal for funding for training and refresher training and send it to the Ministry of Finance for balance and competent authorities for approval; instruct ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and the provincial People’s Committees to provide funding after approval from competent authorities

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6. Set internal standards for training and refresher training of officials and public employees.

7. Inspect the training and refresher training of officials and public employees.

8. Organize emulation and commendation activities in training and refresher training of officials and public employees.

Article 40. Tasks and entitlements of ministries, ministerial agencies, Governmental agencies and socio-political organizations in central echelon

1. Formulate, promulgate and organize the implementation of projects and plans for training and refresher training of officials and public employees under their management

2. Organize provision of training and refresher training-related benefits according to regulations.

3. Send officials and public employees to undergo training and refresher training within their power.

4. Organize overseas refresher training courses for officials and public employees within their power.

5. Manage and draft refresher training programs and documents for officials and public employees within their power

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7. Inspect provision of training and refresher training-related benefits within their power.

8. Ministries that manage specialized public employees shall establish conditions to be satisfied by training and research institutions to organize the execution of programs on refresher training of specialized public employees

Article 41. Tasks and entitlements of the Ministry of Finance

1. Balance and provide funding for domestic and overseas training and refresher training and request the competent authority to approve

2. Provide guidelines for and inspect the management and use of funding for training and refresher training.

Article 42. Tasks and entitlements of the People’s Committees of provinces

1. Formulate and promulgate regulations on encouragement of officials and public employees to constantly study and develop their expertise and capacity; provide funding to efficiently implement regulations on training and refresher training according to regulations.

2. Formulate, promulgate and organize the implementation of projects and plans for training and refresher retraining of officials and public employees under their management

3. Organize the provision of training and refresher training-related benefits according to regulations.

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5. Manage and draft refresher training programs and documents for officials and public employees within their power

6. Manage training and refresher training institutions and lecturers within their power.

7. Inspect the provision of training and refresher training-related benefits within their power.

Article 43. Responsibilities of units employing officials and public employees

1. Comply with regulations on training and refresher training of officials and public employees

2. Make proposals for drafting and selection of training and refresher retraining programs which are relevant to working positions of officials and public employees

3. Enable officials and public employees to implement regulations on training and refresher retraining according to regulations.

Article 44. Regulations on reporting of training and refresher training of officials and public employees

1. Ministries, ministerial agencies, Governmental agencies, socio-political organizations in central echelon and the provincial People's Committees shall submit annual reports on results of training and refresher training of officials and public employees to the Ministry of Home Affairs before January 31 of the following year or at the request of the competent authority

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Chapter VII

IMPLEMENTATION PROVISIONS

Article 45a. Application

1. The people working in socio-political-professional organizations, social organizations, socio-professional organizations that operate nationwide, according to the payroll quotas assigned by competent authorities may apply regulations on training and refresher training for officials.

2. The people working in service providers of socio-political-professional organizations, social organizations, socio-professional organizations; service providers of public service providers; service providers of enterprises with 100% of charter capital held by the State or enterprises with more than 50% of charter capital held by the State or total voting shares may apply regulations on training and refresher training for public employees.

Article 45: Entry into force

1. This Decree comes into force from October 21, 2017.

2. This Decree supersedes the Government's Decree No. 18/2010/ND-CP dated March 05, 2010 on training and refresher training for officials.

3. Articles 32 through 36 of the Government’s Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment and management of public employees are annulled

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Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of socio-political organizations in central echelon, Chairpersons of the People’s Committees of provinces, heads of authorities managing and units employing officials and public employees shall be responsible for the implementation of this Decree./.

VERIFIED BY

MINISTER




Pham Thi Thanh Tra

Government’s Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to some Articles of the Government’s Decree 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees (hereinafter referred to as “Decree No. 89/2021/ND-CP”) was promulgated pursuant to:

“Pursuant to the Law on Governmental Organization dated June 19, 2015;

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Pursuant to the Law on Officials dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law on amendments to some Articles of the Law on Officials and Law on Public Employees dated November 25, 2019;

Pursuant to the Law on National Defense and Security Education dated June 19, 2013

Pursuant to the Law on education dated June 14, 2019;

At the request of the Minister of Home Affairs;

The Government promulgates a Decree on amendments to a number of Articles of Decree No. 101/2017/ND-CP dated September 01, 2017 of the Government on training and refresher training of officials and public employees.

This point is amended according to regulations of Clause 1, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Article is amended according to regulations of Clause 2, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

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This Article is amended according to regulations of Clause 4, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Article is amended according to regulations of Clause 5, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Article is amended according to regulations of Clause 6, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Clause is amended according to regulations of Clause 7, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Article is amended according to regulations of Clause 8, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Article is amended according to regulations of Clause 9, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Article is amended according to regulations of Clause 10, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This point is amended according to regulations of Clause 11, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 0, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Clause is amended according to regulations of Clause 12, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

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This Clause is amended according to regulations of Clause 12, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Clause is amended according to regulations of Clause 12, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

This Article is amended according to regulations of Clause 13, Article 1 of Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021.

Article 2 Government's Decree No. 89/2021/ND-CP dated October 18, 2021 on amendments to a number of Articles of Government's Decree No. 101/2017/ND-CP dated September 01, 2017 on training and refresher training of officials and public employees which takes effect from December 10, 2021 enables as follows:

“Article 2. Implementation

1. This Decree comes into force from December 10, 2021.

2. The agencies that have been assigned to develop state management knowledge refresher training programs based on official pay grade standards, specialized public employees’ professional title standards, requirements for leadership and managerial positions at Clause 6 Article 1 of this Decree shall provide programs before July 01, 2022.

3. Officials and public employees who have certificates of completion of refresher training programs specified in Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 Article 17 of Decree No. 101/2017/ND-CP or have been appointed to official pay grades or positions and titles of public employees before June 30, 2022 shall not participate in corresponding refresher training programs according to regulations of this Decree.

4. The ministers, heads of the ministerial-level agencies, heads of the Governmental agencies, the Presidents of the People's Committees of provinces and relevant organizations and individuals shall be responsible for the implementation of this Decree.”

Văn bản hợp nhất 6/VBHN-BNV năm 2022 hợp nhất Nghị định về đào tạo, bồi dưỡng cán bộ, công chức, viên chức do Bộ Nội vụ ban hành