Kinhtedothi - On the morning of November 19, at a thematic session, the City People's Council considered and approved Resolutions regulating labor contracts in the group of shared specialized professional services; establishing, reorganizing, and dissolving specialized agencies, administrative organizations, and public service units under the City People's Committee...
Promoting reform of public service and civil servant regime
The City People's Council has passed a Resolution regulating fixed-term contracts for certain job positions in specialized professional groups and shared professional skills in specialized agencies and other administrative organizations under the City People's Committee and district-level People's Committees.
According to the submission of the City People's Committee, the political and legal basis for issuing this resolution according to Decision No. 1557/QD-TTg of the Prime Minister issued on October 18, 2012, approving the Project "Promoting reform of the civil service and public servant regime" has a breakthrough content. Gradually innovate the civil service and public servant regime in a dynamic and flexible direction. In the immediate future, research regulations allowing administrative agencies to sign labor contracts with a maximum term of 1 year for some positions to immediately meet the requirements of public service activities. In the long term, it is necessary to research and amend the Law on Cadres and Civil Servants in the direction of having a contract civil servant regime.
On July 18, 2022, the Politburo issued Conclusion No. 40-KL/TW on improving the effectiveness of payroll management of the political system in the 2022-2026 period, which clearly stated the policy of continuing to streamline at least 5% of the payroll of cadres and civil servants and at least 10% of the payroll of public employees receiving salaries from the state budget; the payroll assigned for the 2022-2026 period does not include contract workers. Agencies, organizations and units shall decide on the use of labor contracts and pay salaries and allowances to contract workers according to regulations from the regular expenditure budget of the agency or unit.
At the same time, Clause 2, Article 15 of the 2024 Law on the Capital stipulates: “The head of a specialized agency or other administrative organization under the City People's Committee or the Chairman of a district-level People's Committee may sign a term contract with a person who meets the professional and technical requirements to undertake a number of job positions in a group of specialized and professional tasks used in a specialized agency or other administrative organization under the City People's Committee or the district-level People's Committee”. Clause 4, Article 15 stipulates: “The City People's Council shall detail Clauses 2 and 3 of this Article”.
To ensure unity, synchronously resolve policies and fully institutionalize the Party's viewpoints and policies, the Government's and the Prime Minister's policies, and implement the policy of streamlining the payroll while still ensuring sufficient human resources to meet increasing task requirements, it is very necessary to issue a Resolution on fixed-term contracts to undertake a number of job positions in specialized professional groups and shared professional skills in specialized agencies and other administrative organizations under the City People's Committee and district-level People's Committees.
According to the assessment of the City People's Committee, in recent years, the socio-economic development of the Capital has made great strides, reaching the stature of a large urban area in the region and the world. Along with that, the requirements for the volume and quality of work for administrative agencies and organizations are increasingly higher.
However, based on the data reported in the statistical yearbook and the decisions on assigning civil servant positions of the Politburo in 2024, it shows that the civil servant/citizen ratio of the whole country is 1 civil servant/750 people, of the administrative agencies under the Hanoi People's Committee is 1 civil servant/1,139 people. Thus, the civil servant/citizen ratio of Hanoi is about 1.5 times lower than the whole country. To ensure the same level as the national average according to the spirit of the Capital Law, Hanoi's administrative agencies need to be assigned an additional 3,000 civil servant positions.
Meanwhile, current legal regulations do not allow administrative agencies to sign contracts for professional and technical work, leading to many agencies and units having staffing quotas but no employees because they have not recruited enough or have not been able to recruit.
From the above practices, it is very necessary to issue a Resolution on fixed-term contracts to undertake a number of job positions in specialized professional groups and shared professional skills in specialized agencies and other administrative organizations under the City People's Committee and district-level People's Committees to resolve the above difficulties and shortcomings.
Subjects of application include: Heads of specialized agencies and other administrative organizations under the City People's Committee; Chairmen of District People's Committees. People who sign contracts for professional and technical work with specialized agencies and other administrative organizations under the City People's Committee and District People's Committees; relevant agencies and individuals under the City.
Regulations on establishment, reorganization and dissolution of professional agencies
Next, the City People's Council also considered and approved the Regulations on the establishment, reorganization, and dissolution of specialized agencies and other administrative organizations under the City People's Committee; under the People's Committees of districts, towns, and cities under Hanoi City.
The Resolution has 4 chapters and 24 articles with general principles, ensuring full implementation of state management functions and tasks of the Provincial People's Committee and District People's Committee; consistency in management of sectors and fields of work. No overlap with functions, tasks and powers of other specialized agencies and administrative organizations.
Ensure the goal of State administrative reform, streamline the apparatus, rationalize, streamline, effectively and efficiently; only establish when absolutely necessary due to practical requirements. Ensure compliance with the conditions, order, procedures and authority stipulated in this Resolution.
In case of establishing additional specialized agencies and other administrative organizations, the number of specialized agencies under the City People's Committee must not exceed 15% of the number frame prescribed by the Government; the total number of specialized agencies under the District People's Committee must not exceed 10% of the number frame prescribed by the Government.
The Resolution is implemented in accordance with the provisions of Point c and Point d, Clause 4, Article 9 of the Law on the Capital, in order to meet the requirements of decentralization, delegation of power, and proactive management of the apparatus organization, the goal of State administrative reform, and the arrangement of the apparatus organization to operate effectively, efficiently, quickly, and promptly. The Resolution also aims to overcome difficulties and shortcomings in organization and apparatus, and solve practical problems arising in the process of building and developing the Capital. The subjects of application are specialized agencies, administrative organizations under the City People's Committee, under the District People's Committees, and related agencies and organizations.
Regulations on procedures for establishment and dissolution of public service units
Also at the thematic session, the City People's Council passed a Resolution regulating the procedures for establishing, reorganizing, and dissolving public service units under the Hanoi People's Committee. This is also a resolution to implement Clause 3, Article 10 of the Capital Law.
According to the Hanoi People's Committee, the practical basis for submitting this content to the City People's Council is that currently, the City People's Committee has 22 public service units under the management of the City People's Committee (level 1 public service units); 307 public service units under departments and branches under departments; 2,282 public service units under the People's Committees of districts, towns and cities (level 2 and 3 public service units). The establishment, reorganization and dissolution of level 2 and 3 public service units according to current regulations are under the decision-making authority of the City People's Committee, which have been specifically regulated in terms of conditions, standards, order and procedures in Decree No. 120/2020/ND-CP dated October 7, 2020 of the Government, Decision No. 25/2021/QD-UBND dated November 19, 2021 of the City People's Committee and are being applied and implemented.
The establishment, reorganization and dissolution of level 1 public service units are currently under the authority of the Prime Minister (as prescribed in Decree No. 120/2020/ND-CP). Clause 3, Article 10 of the Law on the Capital City passed by the National Assembly on June 28, 2024 (effective from January 1, 2025) stipulates the tasks and powers of the City People's Committee. Specifically, based on the principles, conditions and criteria for establishing public service units as prescribed by law, the decision to establish new public service units under the management of the City People's Committee shall follow the procedures prescribed by the City People's Council. Therefore, the establishment of the above level 1 public service units will be under the authority of the City People's Committee to decide according to the procedures prescribed by the City People's Council.
In addition, according to Decree 120/2020/ND-CP of the Government, the reorganization of public service units is to rearrange and consolidate public service units in the forms of: division, separation, merger, consolidation; or adjust the name, position, function, and tasks to form new public service units. Therefore, in order to implement the establishment and dissolution of service units under the City People's Committee according to the provisions of the Law on the Capital, current guiding documents and ensure consistency, comprehensiveness, and unity according to the characteristics of the Capital. Contributing to reducing time and administrative procedures, improving the quality of organizational and apparatus management, it is necessary to develop a Resolution promulgating regulations on the order and procedures for establishing, reorganizing, and dissolving public service units under the Hanoi People's Committee.
The Resolution consists of 3 Chapters and 13 Articles. The development of the Resolution ensures regulations on the order and procedures for promulgating legal documents; the content is consistent with current legal regulations. The regulations are in accordance with the authority prescribed by the Law on the Capital and current guiding documents; ensuring comprehensiveness and consistency.
The subjects of application are public service units under the City People's Committee and related agencies and organizations. The basic content of the Resolution is to regulate the order and procedures for establishing, reorganizing and dissolving public service units under the City People's Committee, including: Order and procedures for establishing public service units under the City People's Committee; order and procedures for reorganizing and dissolving public service units under the City People's Committee (the order and procedures are specified in Articles arranged in order of implementation steps, specifying the steps from drafting the Project, Proposal for establishment, dossier content, appraisal content, Decision on establishment, time limit for handling dossiers).
Source: https://kinhtedothi.vn/thong-qua-quy-dinh-ve-thanh-lap-to-hoc-lai-giai-the-co-quan-to-chuc-hanh-chinh-don-vi-su-nghiep-thuoc-ubnd-tp-ha-noi.html
Comment (0)