Thông tư liên tịch 56/2015/TTLT-BTNMT-BNV

JOINT CIRCULAR

STIPULATING THE CODES AND STANDARDS OF OCCUPATIONAL TITLE FOR OFFICERS OF SPECIALIZED NATURAL RESOURCES AND ENVIRONMENT OBSERVATION

Pursuant to the Officer Law dated 58/2010/QH12 dated 15/11/2010;

Pursuant to the Decree No. 29/2012/ND-CP dated 12/4/2012 of the Government stipulating the recruitment, employment and management

Pursuant to the Decree No. 204/2004/ND-CP dated 14/12/2004 of the Government on salary regulations for officials, public servants, officers and armed forces; Decree No. 17/2013/ND-CP dated 18/02/2013 of the Government amending and adding some articles of Decree No. 204/2004/ND-CP of the Government on salary regulations for officials, public servants, officers and armed forces;

Pursuant to the Decree No. 21/2013/ND-CP dated 04/03/2013 of the Government defining the functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 58/2014 / ND-CP dated 16/6/2014 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of the Home Affairs;

The Minister of Natural Resources and Environment and the Minister of Home Affairs issue this Joint Circular stipulating the codes and standards of occupational title for officers of specialized natural resources and environment observation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Joint Circular stipulates the codes and standards of occupational title and appointment and salary grading according to occupational title for officers of specialized natural resources and environment observation.

2. This Joint Circular applies to the officers of specialized natural resources and environment observation who work in the public non-business units.

Article 2. Code and classification of officers of specialized natural resources and environment observation

1. Natural resources and environment observation level II Code: V.06.05.13

2. Natural resources and environment observation level III Code: V.06.05.14

3. Natural resources and environment observation level IV Code: V.06.05.15

Article 3. General standards on occupational ethics of officers of specialized natural resources and environment observation

1. Have high sense of responsibility for work assigned, always comply with the law; properly and completely fulfill the obligations of officers in their professional activities.

2. Are willing to learn, cooperate and continuously improve their professional skills through learning, actively do research and apply scientific achievement in natural resources and environment observation; have enthusiasm for work.

3. Not abuse position and power to act and infringe upon national defense, security and interests of the country; not seek personal interests; keep state secrets within their profession.

4. Have a healthy and exemplary lifestyle, commit no bureaucracy and corruption; practice thriftiness and combat waste and actively struggle with the negative behavior.

5. Are honest, solidary, impartial and modest; not harass or obstruct when performing duties related to the citizen’s rights and interests.

Chapter II

STANDARDS OF OCCUPATIONAL TITLE

Article 4. Observers of natural resources and environment of level II – Code: V.06.05.13

1. Duties:

a) Implement the observation cases or programs in accordance with the technical regulations;

b) Implement the observation schemes and programs; set up the detailed plan progress for program implementation;

c) Provide instructions and training for the observers of natural resources and environment at lower level in development, report and implementation of observation in accordance with the technical regulations;

d) Develop the technical standards and regulations, schemes and programs of observation at ministerial and sectoral level;

dd) Directly make observation reports; develop the themes and projects on natural resources and environment observation with complexity;

e) Organize, direct, guide and inspect the officers of natural resources and environment at lower level in implementation of observation;

g) Participate in compiling materials and providing training and retraining for officers of natural resources and environment observation at the equivalent level or lower level;

2. Standards of training and re-training level:

a) Graduate from university or higher educational level with speciality of meteorology, hydrology, oceanography, environment, water resources, climate change or other relevant specialities; in case of graduation from other specialities, the officers must finish the training programs of knowledge and professional skills stipulated by the body managing the officers of natural resources and environment observation.

b) Have foreign language background of level 3 as stipulated in Circular No. 01/2014/TT-BGDDT dated 24/1/2014 of the Ministry of Education and Training issuing the 6-level foreign language proficiency framework used for Vietnam (hereafter referred to as Circular No. 01/2014/TT-BGDDT);

c) Have computer background of basic information technology skills as stipulated in Circular No. 03/2014/TT-BTTTT dated 11/3/2014 of the Ministry of Information and Communications stipulating the standard of information technology skills (hereafter referred to as Circular No. 03/2014/TT-BTTTT);

d) Have the training certificate according to the standard of occupational title of observers of natural resources and environment of level II.

3. Standard of professional capacity:

a) Have specialized skills in observation;

b) Thoroughly understand the technical standards and regulations and technical – economic norms in observation and use techniques of observation equipment and occupational safety.

c) Are able to organize, carry out the technical management and implement the observation program and make report on observation of components of natural resources and environment;

d) Are able to analyze, summarize and assess the natural and social conditions which affect the observation of natural resources and environment;

dd) Are able to do research and apply scientific, technical and technological information on observation in the country and in the world;

e) Participate in at least 01 (one) scientific and technological scheme, project, theme or duty at provincial, ministerial or higher level or take charge of 01 (one) scientific and technological scheme, project, theme or duty at grassroots level with satisfactory result upon acceptance.

4. Promotion of level of title of observers of natural resources and environment of grade II

The promotion of level of title of observers of natural resources and environment from grade III to grade II must have the time of work holding the title of observer of natural resources and environment of grade III or equivalent for full 09 (nine) years or more in which the last time to hold the title of observer of natural resources and environment of grade III for full (two) years or more.

Article 5. Observers of natural resources and environment of level III – Code: V.06.05.14

1. Duties:

a) Carry out the prescribed observation program; participate in developing and making plan of observation programs

b) Guide and participate or provide direct training to improve the professional skills for the officers of specialized natural resources and environment observation from equivalent level or lower in the prescribed observation activities.

c) Make observation reports; participate in developing the themes and projects of natural resources and environment observation;

d) Participate in guiding and testing the observation techniques in observation activities; use the equipment in line with the technical regulations and standards.

2. Standards of training and re-training level:

a) Graduate from university or higher educational level with speciality of meteorology, hydrology, oceanography, environment, water resources, climate change or other relevant specialities; in case of graduation from other specialities, the officers must finish the training programs of knowledge and professional skills stipulated by the body managing the officers of natural resources and environment observation.

b) Have foreign language background of level 2 as stipulated in Circular No. 01/2014/TT-BGDDT;

c) Have computer background of basic information technology skills as stipulated in Circular No. 03/2014/TT-BTTTT;

d) Have the training certificate according to the standard of occupational title of observers of natural resources and environment of level III.

3. Standard of professional capacity:

a) Have specialized skills in observation; are able to make report on natural resources and environment observation;

b) Thoroughly understand the technical standards and regulations and technical – economic norms in observation and use techniques of observation equipment and occupational safety.

c) Thoroughly understand the natural and social conditions and characteristics of natural resources and environment, scientific, technological and technical information on observation in the country and in the world.

4. Promotion of title of level of observers of natural resources and environment of level III:

The promotion of title of level of observers of natural resources and environment from grade IV to grade III must have the time of work holding the title of observer of natural resources and environment of grade IV as follows:

a) In case of first recruitment with college background, the observers must have the time of work holding the title of observer of natural resources and environment of level IV at least 02 (two) years;

b) In case of first recruitment with intermediate educational background, the observers must have the time of work holding the title of observer of natural resources and environment of level IV at least 03 (two) years;

Article 6. Observers of natural resources and environment of level IV – Code: V.06.05.15

1. Duties:

a) Perform the observation, calculation, correction of data, make reports and issue them according to regulations.

b) Take observation samples and preservation in accordance with technical regulations;

c) Make observation reports, sample delivery and write the sample delivery records in accordance with the technical instructions and regulations in observation;

d) Use and preserve equipment in accordance with the usage instructions;

dd) Implement the prescribed occupational safety.

2. Standards of training and retraining level:

a) Graduate intermediate level school or higher educational level with speciality of meteorology, hydrology, oceanography, environment, water resources, climate change or other relevant specialities; in case of graduation from other specialities, the officers must finish the training programs of knowledge and professional skills stipulated by the body managing the officers of natural resources and environment observation.

b) Have foreign language background of level 1 as stipulated in Circular No. 01/2014/TT-BGDDT;

c) Have computer background of basic information technology skills as stipulated in Circular No. 03/2014/TT-BTTTT

3. Standard of professional capacity:

a) Have general knowledge about the profession assigned for observation

b) Have proficiency skills of at least one observation activity in the following observation activities: meteorology, hydrology, oceanography, environment and water resources;

c) Thoroughly understand the techniques of natural resources and environment observation;

d) Skillfully use machine, equipment and means in professional work.

Chapter III

APPOINTMENT AND SALARY GRADING  BY OCCUPATIONAL TITLES

Article 7. Principles of appointment and salary grading by occupational titles

1. The appointment of occupational title and salary grading to the officers of specialized natural resources and environment observation must be based on their job position; standards of training and retraining  level, professional capacity, profession and duties those officers are assuming.

2. The officers who are appointed to the occupational titles and salary grading must meet the standards of title of officer of specialized natural resources and environment observation as stipulated in Chapter I and II of this Joint Circular.

3. When appointment is made from the current scale of officer to the title of officer of specialized natural resources and environment observation, the combination of raise of salary grade and promotion of level of title is not permitted.

Article 8. Appointment to occupational title

Where the officer has received the scale grading and transfer and salary grading or is appointed to the scales of natural resources and environment observation as stipulated in the Decision No. 07/2008/QD-BTNMT dated 06/10/2008 of the Minister of Natural Resources and Environment issuing the professional standards of scale of officer of natural resources and environment sector (hereafter referred to as Decision No. 07/2008/QĐ-BTNMT) and the Joint Circular No. 30/2010/TTLT-BTNMT-BNV dated 25/11/2010 of the Ministry of Natural Resources and Environment - Ministry of Home Affairs guiding the arrangement of scale and salary for officers of natural resources and environment sector (hereafter referred to as the Joint Circular No. 30/2010/TTLT-BTNMT-BNV) and appointed to the occupational title as follows:

1. Appointment of title of observer of natural resources and environment of level II (code V.06.05.13) to the officer who is holding the scale of main observer of natural resources and environment (code of scale14.256).

2. Appointment of title of observer of natural resources and environment of level III (code V.06.05.14) to the officer who is holding the scale of observer of natural resources and environment (code of scale14.256).

3. Appointment of title of observer of natural resources and environment of level III (code V.06.05.15) to the officer who is holding the scale of college observer of natural resources and environment with college educational level (code of scale14.258) and the observer of natural resources and environment with intermediate educational level (scale code 14.259).

Article 9. Method of salary grading

1. The occupational titles of officers of specialized natural resources and environment observation can apply the professional Payroll to the officials and officers in the state non-business units (Payroll 3) issued with Decree No. 204/2004/ND-CP dated 14/12/2004 of the Government on salary regulation to the officials, public servants, officers and armed forces (hereafter referred to as Decree No. 204/2004/ND-CP) as follows:

a) The occupational titles of officers of specialized natural resources and environment observation of level II can apply the salary scale and salary coefficient of officers of category A2, group 1 (A2.1), from the salary coefficient 4.40 to the salary coefficient 6.78.

b) The occupational titles of officers of specialized natural resources and environment observation of level III can apply the salary scale and salary coefficient of officers of category A1 from the salary coefficient 2.34 to the salary coefficient 4.98.

c) The occupational titles of officers of specialized natural resources and environment observation of level IV can apply the salary scale and salary coefficient of officers of category B from the salary coefficient 1.86 to the salary coefficient 4.06.

2. The salary grading is done when the officers finish their probation and are appointed to their occupational titles.

After finishing the prescribed probation and is appointed to the occupational title by the competent authorities of officer management, the officers shall be arranged for salary scale and salary coefficient based on their occupational titles of appointment as follows:

a) Where the officers have doctorate degree and are appointed to the officers of natural resources and environment observation of level III (code V.06.05.14), they shall receive the grade 3/9, salary coefficient 3.00 of officer of category A1.

b) Where the officers have master degree and are appointed to the officers of natural resources and environment observation of level III (code V.06.05.14), they shall receive the grade 2/9, salary coefficient 2.67 of officer of category A1.

c) Where the officers have university degree and are appointed to the officers of natural resources and environment observation of level III (code V.06.05.14), they shall receive the grade 1/9, salary coefficient 2.34 of officer of category A1.

d) Where the officers have college degree and are appointed to the officers of natural resources and environment observation of level IV (code V.06.05.15), they shall receive the grade 2/12, salary coefficient 2.06 of officer of category B.

dd) Where the officers have intermediate educational level and are appointed to the officers of natural resources and environment observation of level IV (code V.06.05.15), they shall receive the grade 2/12, salary coefficient 1.86 of officer of category B.

3. The salary grading for the occupational titles of officers specified in Paragraph 1 of this Article for the officers who have received the scale grading and transfer and salary grading or appointed to the scales of natural resources and environment observation as stipulated in Decision No. 07/2008/QD-BTNMT and the Joint Circular No. 30/2010/TTLT-BTNMT-BNV is as follows:

a) Where the officers are eligible for appointment to the title of officer of specialized natural resources and environment observation with salary scale and coefficient the same as the old scale, they shall be arranged with the salary scale and coefficient and extra seniority allowances (if any) currently receiving at the old scale (including the time to consider the raise of salary scale for the next time or extra seniority allowances at the old scale) for the newly-appointed occupational title.

Ex: Ms Dang Thi A is working at the Center for natural resources and environment observation directly under the Department of Natural Resources and Environment and is appointed and arranged for scale of officer of natural resources and environment observation (scale code 14.257), grade 5/9, salary coefficient 3.66 from 01/01/2013. Now, Ms A meets the conditions and standards and is appointed by the competent authorities as the officer of natural resources and environment observation of level III (code V.06.05.14), she shall receive the salary scale 5/9, coefficient 3.66 of the title of officer of natural resources and environment observation at level III from the effective date of the above decision; the time to consider the raise of salary scale for the next time is from 01/01/2013.

b) Where the officer of specialized natural resources and environment observation has a college level and is receiving the salary scale A0 as stipulated in Decree No. 204/2004/ND-CP and now receive the appointment of title of officer of natural resources and environment observation at level IV (code V.06.05.15), the salary arrangement is based on the time of working with payment of compulsory social insurance by salary scale and payroll stipulated by the state (excluding the time of probation) as follows:

- Calculating from grade 2 of the title of officer of natural resources and environment observation at level IV, after a period of 02 years (24 months), the officer shall receive a raise of 01 salary grade (if there is an interrupted time without receiving the social insurance benefits, the officer shall receive the accumulated benefits); in case of failure to complete the assigned duties or discipline during the course of work, the regular time to raise the salary scale shall be extended.

- After the salary is transferred and graded into the title of officer of natural resources and environment observation at level IV mentioned above, if the salary coefficient graded for the title of officer of natural resources and environment observation at level IV plus the extra seniority allowance (if any) is lower than the current salary coefficient of the old scale, the officer shall receive the reserved difference coefficient which is equal to the salary coefficient (including the extra seniority allowance, if any) he is receiving for the old scale; the officer shall receive this reserved difference coefficient during the time his salary is graded for the title of officer of natural resources and environment observation at level IV. After that, if this officer whose level of title is promoted, he shall receive the addition of this reserved difference coefficient to his current salary coefficient (including the extra seniority allowance, if any) for salary grading to the appointed title upon promotion of occupational title and stop receiving the reserved difference coefficient from the date receiving the salary of the new occupational title.

Ex: Mr Tran Van B graduated from college with speciality of environmental engineering technology and is recruited to work at the Center for natural resources and environment observation and engineering directly under the Department of Natural Resources and Environment of Binh Duong province. He pays social insurance from 01/01/2008 and is holding the title scale of college officer of natural resources and environment observation (scale code 14.258), grade 3/10, salary coefficient 2.72 of officer of category A0 from 01/07/2014; During the course of work, he always completes his assigned duties and have no discipline. Now Mr B meets all standards and is appointed by the competent authorities as the officer of natural resources and environment observation at level IV (code V.06.05.15), he shall receive the salary scale and salary coefficient as follows:

- Mr B’s working time is from 01/01/2008, excluding his probation of 06 months, if calculating from grade 2 of title of officer of natural resources and environment observation at level IV and with a raise of 01 grade for every 02 years, then until 01/07/2014, Mr B shall receive the grade 5/12, salary coefficient 2.66 of the title of officer of natural resources and environment observation at level IV from the effective date of the above decision. The time to consider the raise of salary scale for the next time is calculated from 01/07/2014 while Mr B receives the reserved difference coefficient 0.06 (2,72 - 2,66).

- By 01/07/2016 (full 02 years), if Mr B meets all standards and conditions, he shall receive a regular raise of salary scale to grade 6/12, salary coefficient 2.86 of the title of officer of natural resources and environment observation at level IV and shall continue receiving the reserved difference coefficient 0.06 (the total salary coefficient entitled is 2.92).

4. If the officers of specialized natural resources and environment observation have the satisfactory examination result or are considered for the raise of level and are appointed by the competent authorities as the title of officer of specialized natural resources and environment observation at the adjacent higher level, the salary grading must comply with the provisions in this Joint Circular and under the instructions in Paragraph 1, Section II of Circular No. 02/2007/TT-BNV dated 25/5/2007 of the Ministry of Home Affairs guiding the salary grading upon raise or transfer of scale, type of public servant and officer.

Chương IV

IMPLEMENTATION PROVISION

Article 10. Application provision

1. For the officers who are holding the scale of officer of natural resources and environment observation (scale code 14.260) as stipulated in Decision No. 07/2008/QD-BTNMT and the Joint Circular No. 30/2010/TTLT-BTNMT-BNV, they are permitted to receive the salary grade and salary coefficient of officer of type C, group 1(C1) of the professional Payroll for officials and officers in the state non-business units (Payroll 3) issued with Decree No. 204/2004/ND-CP.

2. The bodies and units with authority to manage and employ officers are responsible for creating conditions for the officers to add their lacking standards of the title of officer of specialized natural resources and environment observation specified in this Joint Circular for the officers who receive the scale grading and transfer and salary grading or appointed to the scales of natural resources and environment observation as stipulated in Decision No. 07/2008/QD-BTNMT and the Joint Circular No. 30/2010/TTLT-BTNMT-BNV.

Article 11. Implementation organization

1. This Joint Circular is the ground for recruitment, employment and management over officers of specialized natural resources and environment observation in the public non-business units.

2. The non-public non-business organizations are permitted to apply these provisions for recruitment, employment and management of personnel of natural resources and environment observation.

3. The heads of public non-business units directly managing and employing the officers shall:

a) Review all job positions of their units and make plan for grading and transferring the officers who are holding the scales of natural resources and environment observation to the title of officer of specialized natural resources and environment observation (hereafter referred to as the grading and transferring plan) for the officers under their management based on the Form attached to this Joint Circular and send it to their superior management body for summary and submission to the competent authorities for approval;

b) Decide the appointment of title of officer of specialized natural resources and environment observation under their authority or decentralization or authorization after the transfer and grading plan is approved by the competent authorities;

4. The heads of units and bodies directly under the Ministries and ministerial-level bodies, People’s Committee of provinces and centrally-run cities shall:

a) Summarize the transfer and grading plan of subordinate bodies and units and send it to the Ministries and ministerial-level bodies, governmental bodies, People’s Committee of provinces and centrally-run cities for review and approval;

b) Decide the appointment of title of officer of specialized natural resources and environment observation under their authority or decentralization or authorization after the transfer and grading plan is approved by the competent authorities;

5. The Ministries and ministerial-level bodies, governmental bodies, People’s Committee of provinces and centrally-run cities shall:

a) Direct the bodies and units under their management to carry out the transfer and grading of occupational titles;

b) Approve the transfer and grading plan of the bodies and units under their management; deal with under their authority the problems during the transfer and grading of occupational titles.

c) Decide the appointment of title of officer of specialized natural resources and environment observation under their authority;

d) Make annual report on result of appointment of occupational titles and salary grading of the officers of specialized natural resources and environment observation under their management and send it to the Ministry of Natural Resources and Environment and the Ministry of Home Affairs.

Article 12. Effect

1. This Joint Circular takes effect from 01/02/2016.

2. Annul the regulations on title and codes of scales of officers of specialized natural resources and environment observation in the Decision No. 01/2008/QD-BNV dated 04/08/2008 of the Minister of Home Affairs on issuing the titles and codes of scales of officers of natural resources and environment observation.

3. Annul the regulations on professional standards of scales of officers of specialized natural resources and environment observation in the Decision No. 07/2008/QĐ-BTNMT dated 06/10/2006 of the Minister of Natural Resources and Environment issuing the professional standards of scales of officers of natural resources and environment sector.

4. Annul the regulations on instructions on scale grading and salary grading for officers of officers of specialized natural resources and environment observation in the Joint Circular No. 30/2010/TTLT-BTNMT-BNV dated 25/11/2010 of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs guiding the scale transfer and grading and salary grading for the officers of natural resources and environment observation.

Article 13. Responsibility for implementation

1. Ministers, Heads of ministerial-level bodies; Heads of governmental bodies, Chairman of provinces and centrally-run city are liable to execute this Joint Circular.

2. Any problem arising during the implementation should be promptly reported to the Ministry of Natural Resources and Environment for summary and coordination with the Ministry of Home Affairs for consideration and settlement./.

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