The Ministry of Construction is drafting a Circular decentralizing the implementation of a number of contents of civil servant and public employee management for administrative agencies and public non-business units under the Ministry of Construction.
One of the notable points of the draft, Article 7 stipulates the authority to implement the salary regime as follows:
Departments directly under the Ministry:
Implement salary regimes (salary ranking, salary grade increase, seniority allowance increase exceeding the frame) for civil servants under the management and use authority of the Department.
Implement salary regimes (salary grades, salary grade increases, seniority allowance increases exceeding the frame) for public service units that partially ensure regular expenditures and public service units guaranteed by the State for regular expenditures under management authority.
Heads of public non-business units that self-ensure a part of regular expenditures and public non-business units guaranteed by the State for regular expenditures under the Ministry shall implement salary regimes (salary ranking, salary grade increase, seniority allowance increase beyond the frame) for public employees under their management authority.
Explaining and clarifying this proposal, the Ministry of Construction said that the legal bases for decentralization and delegation of power are as follows:
Article 41 of the 2025 Law on Cadres and Civil Servants stipulates the authority to manage cadres and civil servants as follows: "The agency managing cadres and civil servants exercises the authority specified in this Law and other powers according to the Government's decentralization".
Article 64 of Decree No. 170/2025/ND-CP on civil servant management also stipulates: "Use, assign, arrange, inspect, evaluate, temporarily suspend work; training, fostering, emulation, commendation; implement salary regimes, dismissal, retirement and other regimes and policies".
Article 66 of Decree No. 170/2025/ND-CP on the tasks and powers of Ministries, ministerial-level agencies, and other civil servant management agencies as follows: "Implement the contents of civil servant management specified in Clause 3, Clause 4, Clause 5, Clause 7, Clause 9, Article 64 of this Decree, except for decentralization and authorization as prescribed in Clause 2 of this Article and contents under the authority of the agency using civil servants as prescribed by the Law on Cadres and Civil Servants in 2025.
Decentralize and authorize agencies using civil servants under their management to implement the contents specified in Clause 4, Clause 5, Article 64 of this Decree, except for contents under the authority of agencies using civil servants according to the provisions of the Law on Cadres and Civil Servants in 2025".
Article 33 of Decree 115/2020/ND-CP (amended and supplemented by Decree No. 85/2023/ND-CP) assigns and decentralizes the organization of professional title promotion consideration and the authority to manage and use public employees of public service units: "The head of a public service unit is specified in Clause 1, Article 7 of this Decree.
Decisions to appoint professional titles, rank salaries, raise salaries (regularly, before the deadline), seniority allowances beyond the frame for public employees holding professional titles of rank I or below (including professional titles of rank I ranked as type A3 public employee salary) under management.
Article 63 of Decree 115/2020/ND-CP (amended and supplemented by Decree No. 85/2023/ND-CP) Tasks and powers of the ministry: "Management of the number, standards, recruitment, and use of public employees under management; deciding or decentralizing, authorizing the decision to appoint professional titles, rank salaries, raise salaries (regularly, before the deadline), seniority allowances beyond the framework for public employees holding professional titles of rank I or below (including professional titles of rank I ranked as A3 public employee salary) under management, except for public employees under the management authority of public non-business units specified in Clause 1, Article 7 of this Decree".
Based on the above grounds, the Ministry of Construction decentralizes and delegates authority to units within the ministry to implement the salary regime according to new regulations.
