Guidelines for Personnel Organization in the People's Procuracy Sector in 2017

According to Directive 01/CT-VKSTC dated December 28, 2016, from the Chief Procurator of the Supreme People's Procuracy and the Key Task Plan of the Supreme People's Procuracy for the year 2017, the focal tasks in the personnel organization work for 2017 are defined as: "Continuing to innovate the recruitment, appointment of Procurators, ensuring quality and effective officials recruitment; proactively advising and proposing to streamline the organizational apparatus, staffing, and planning work; strengthening the management, evaluation, and use of officials and public employees to meet the task requirements in the new situation." To effectively execute this task, the Supreme People's Procuracy guides the implementation of the following four tasks:

Firstly, Implement the Law

Continue effectively implementing the 2014 Law on Organization of the People's Procuracy. Promptly and uniformly execute new laws on judiciary, newly issued circulars, regulations, rules, and guidelines on personnel organization. Accordingly, review, detect, and promptly reflect any inadequacies, difficulties during the implementation process, and send written reports to the Personnel Organization Department before March 31, 2017. The Personnel Organization Department is expected to organize a training session on personnel organization work in July 2017.

Units under the Supreme People's Procuracy, the High-level People's Procuracy, the Provincial People's Procuracy shall streamline, adjust the working apparatus, and the staff team; uniformly, promptly, and effectively execute legal provisions in existing Laws and Codes such as: the 2014 Law on Organization of the People's Procuracy, the revised Civil Procedure Code, the revised Civil Code, the revised Administrative Procedure Law and upcoming Laws such as the revised Criminal Procedure Code, the revised Penal Code, the Law on Organization of Criminal Investigation Agencies, the Law on Temporary Detention and Custody Execution.

Secondly, Streamline the Organizational Apparatus and Arrange the Staff

Units under the Supreme People's Procuracy, the High-level People's Procuracy, and the Provincial People's Procuracy shall proactively propose to streamline the organizational apparatus to ensure specialization by field; arrange and allocate personnel, Procurators, Investigators, officials, and public employees reasonably, classify by task to gradually form experts in various fields. Focus Procurators on professional work, reduce administrative areas; strengthen human resources for the Investigation Agency of the Supreme People's Procuracy, the High-level People's Procuracy, units assigned additional tasks, and civil, administrative, execution, complaint, and denunciation processes.

Establish the Criminal Case Management Division under the Office of the Supreme People's Procuracy; an independent inspection unit for provincial People's Procuraties with significant workload and staffing.

Thirdly, Personnel Work

- Recruiting Officials:

The recruitment of officials in 2017 will be conducted in accordance with the Regulations on Recruitment of Officials by the People's Procuracy (issued with Decision 494/QD-VKSTC dated August 25, 2016). The recruitment examinations and evaluations will follow Guidance 4569/VKSTC-V15 dated November 7, 2016;

No arrangement of labor according to Contract 68 for performing specialized tasks contrary to the provisions of Decree 68/2000/ND-CP.

- Evaluation and Classification of Officials and Public Employees:

Units shall complete the evaluation and classification of officials and public employees, and workers for 2016 and send them to the Supreme People's Procuracy within the stipulated time according to the Regulations on Evaluation and Classification of Officials and Public Employees and Workers (issued with Decision 06/QD-VKSTC-V15 dated December 22, 2015).

Review and accurately evaluate the core leadership team of units and procuratories at all levels. Arrange, allocate, and appoint staff based on the assessment, evaluation of officials and public employees, and workers, linked with the Position Scheme of each unit, procuratories at all levels.

- Career Planning and Rotation of Officials and Public Employees:

According to Guidance 15-HD/BTCTW dated November 5, 2012, the High-level People's Procuracies and the Provincial People's Procuracies shall review and supplement the planning of leadership and management staff for the 2016-2021 period, categorizing successors and next-tier personnel within the planned cadres, ensuring three age groups; formulate the planning of leadership and management staff for the 2021-2026 period accordingly.

Proposals to supplement the planning of leadership and management staff of units under the Supreme People's Procuracy, the High-level People's Procuracy, and local People's Procuracies should be sent to the Supreme People's Procuracy before April 30, 2017. Include the results of the review and supplementary planning of district-level procuratory leadership approved by the provincial procuratories.

Review and add to the rotation plan of leadership and management staff, the task position transfer plan of officials within their units and localities; integrate the rotation of staff with career planning, training of officials under the principle of renewing, standardizing, and rejuvenating the staff; focus on rotating, planning, training, and fostering female staff, and ethnic minority staff; and link staff rotation with the policy of appointing Chief Procurators not native to the local area, especially in areas where this requirement is not adequately met or has not been actively pursued.

- Selection, Appointment, and Reappointment of Leadership and Management Officials and Procurators

Based on the quota of Procurator numbers allocated to each level, units shall review and compile the list of Procurators who naturally reduced in 2017 (retirement, sector change, resignation...) to formulate a replenishment plan, completing by April 30, 2017. Based on the Examination Regulations, nominate qualified candidates (without limit in number) but ensure competition, fairness, and select individuals with adequate qualifications, capabilities, and competencies for appointment to judicial positions.

Based on the Regulations on Appointment, Reappointment, Transfer, Rotation, Secondment, Resignation, Dismissal, and Removal of officials and public employees in the procuracies (issued with Decision 05/QD-VKSTC-V15 dated December 22, 2015), implement the appointment and reappointment process accordingly; address the shortage of Procurators in two-level procuratories; do not reappoint management positions, judicial titles, and transfer to other tasks those leaders, Procurators with violations, or shortcomings that have been corrected without remediation.

Proactively develop plans to streamline the leadership and management teams of procuratories at all levels, submitting to the Party Personnel Committee of the Supreme People's Procuracy and local Party Committees for policy guidance on human resources.

Units under the Supreme People's Procuracy and lower-level procuratories actively coordinate to develop exam questions for judicial positions to construct a comprehensive question bank for the sector.

- Salary Policy, Bonus, and Staff Streamlining

The Personnel Organization Department continues to advise the Supreme People's Procuracy leadership to propose to competent authorities the reform of salary policies and benefits for officials and public employees of the procuratorate sector according to current regulations.

Units under the Supreme People's Procuracy and lower-level procuratories continue to implement staff streamlining according to Decision 602/QD-VKSTC-V15 dated August 26, 2015, and the seven-year plan. Ensure that by 2021, the staffing level is reduced by 10% as assigned according to Resolution 39-NQ/TW dated April 17, 2015, by the Politburo.

- Training and Fostering Officials and Public Employees

According to Directive 05/CT-VKSTC dated April 4, 2016, People's Procuracies at all levels shall proactively formulate plans for training, fostering, and self-training, fostering for their officials and public employees, strictly following the yearly mandatory fostering policy for officials and public employees for at least 5 days/year. Assign capable, experienced Procurators to mentor newly recruited officials or lower-ranked Procurators and Inspectors or newly appointed ones to gradually enhance the qualification and capability of their staff.

Research, develop curriculums, programs, and training materials for judicial positions and other officials and public employees compliant with legal provisions.

Open training and fostering classes according to the plan, especially training on new legal provisions, litigation skills, practice of prosecutorial powers, supervision in judicial activities; innovate and enhance the quality, effectiveness of training, and fostering of foreign language skills, leadership, management, and professional expertise both domestically and abroad.

- Strictly Handle Violations

Strengthen inspection and supervision work. Timely detect, strictly handle, and report to the Supreme People's Procuracy any officials and public employees violating the discipline or law.

Proactively and promptly organize inspections, verifications related to negative behaviors, violations of professional regulations, sector rules, and laws by officials and public employees;

For units displaying internal disunity or staffed by officials with violations, the head of the unit will primarily be responsible before the Chief Procurator of the Supreme People's Procuracy, and subsequent steps will be taken for verification and handling according to regulations.

Fourthly, Reform of Public Service Policies and Officials

Continue implementing Plan 59/KH-VKSTC dated June 5, 2013, to promote the reform of public service policies and handling of officials in the procuratorate sector as follows:

- Complete the Organization, Staffing Scheme; Position Scheme; Reform of Salary Policy and Benefits Scheme for officials and public employees and workers in the sector for approval by competent authorities; the ministerial-level scientific project "Innovation in Organization and Personnel of the People's Procuracy to meet the requirements of performing functions and tasks in the current period" for acceptance reporting.

- Develop and complete regulations and guidelines on policies to recommend, introduce talented individuals for recruitment and appointment to positions in public service, and policies to attract, detect, foster, utilize, and reward talented individuals in the public service of the procuratorate sector; regulations on policies of responsibility for leaders and officials in public service associated with reward and discipline policies; innovate the meritocracy system, selecting leaders, management, and judicial positions focusing on the principle of choosing genuinely virtuous and talented individuals; innovate the evaluation methods and content of officials and holding confidence votes...

- Reform policies on the dossiers proposing the examination, appointment of Procurators to facilitate the base and candidates.

See details in Guidance 15/HD-VKSTC issued on January 12, 2017.

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