Luận văn thạc sĩ Quản lý công: Improvement of self mastery mechanism for management of human resource in public service organizations

Lars Torsten Eriksson Sweden Faculty on Political Science, Uppsala University Date when the thesis is presented: 2011 May, 17th Aim: Current self mastery mechanism for human resource sta

Dang Minh Dao, Nguyen Manh Hung & Luong Thi Thu Trang

MPPM-Uppsala - Intake 1

IMPROVEMENT OF SELF MASTERY MECHANISM FOR MANAGEMENT OF HUMAN RESOURCE IN

PUBLIC SERVICE ORGANIZATIONS

Supervisor: Prof Lars-Torsten Eriksson

Local Supervisor: Asso.Prof, Dr Vo Kim Son

Hanoi, May 2011

shows the way.

John Maxwell

The Research Group would like to express our sincere thanks to Associate

Professor Vo Kim Son, Lecturer of the National Administrative Academy

under the National Political-Administrative Academy named Ho ChiMinh and Doctor Lars Torsten Eriksson, Lecturer of the Faculty onPolitical Science, Uppsala University, Sweden for their enthusiatic and

effective assistance in the process of doing this Thesis.

On behalf of the Research Group

Head of the GroupDang Minh Dao

TITLE: "IMPROVEMENT OF SELF MASTERY MECHANISM FOR MANAGEMENT OF HUMAN RESOURCE IN PUBLIC SERVICE

ORGANIZATIONS"

Level: Final assignment for Master Program in Public Management.

Authors: Dang Minh Dao

Nguyen Manh HungLuong Thi Thu Trang

Supervisor: Asso.Prof, Dr Vo Kim Son

(Vietnam) National Academy of Public Administration, under Ho Chi

Minh National Academy of Politics and PublicAdministration

Supervisor: Dr Lars Torsten Eriksson

(Sweden) Faculty on Political Science, Uppsala University

Date when the thesis is presented: 2011 May, 17th

Aim: Current self mastery mechanism for human resource (state employee) management in public service organizations is one of concerns of many scholars and researchers in Vietnam The mechanism appears to have a lot of problems that need be solved such as recruitment, use, training, reward and discipline and especially the self mastery mechanism in making decisions on organizational structure and operation of public service organizations that has not been brought into full play, given strong motive to heads of those

organizations and being creative and active in seeking, recruiting, using and making use of strength of human resource in an appropriate way in their

organizations

With our Thesis, our group aims at pointing out advantages, shortcomings of

the mechanism and make necessary recommendations to strengthen the mechanism so as to make it more effective and efficient, suitable with human

resource development trend in Vietnam and international integration trend at

this time.

model to identify problems, compilation of, analyze information and dat available and related legal documents and the practice in this area since 199 till now (in vertical time aspect We have used questionnaires of more tha questions to collect data By doing so, we can point out current problem: advantages and shortcomings of the current system, make recommendations o how to improve the self mastery right in management of human resource (stat employee) in public service organization in all aspects.

In our Thesis, we use some figures in the reports/documents of the Ministry c Internal Affairs of Vietnam and books/reports/researches prepared b researchers in OECD, World Bank.

Result & Conclusions: Our group has found out advantages and shortcomings of the current mechanism Specifically speaking, they are:

a Advantages

- Legal documents have step by step separated and clarified the leg

status of public service organization in comparison with state managemei

agency in order to apply new management mechanism;

- The human resource (state employee) management mechanism in publi

service organization has been step by step separated from the gener: human resource management mechanism This may be seen from ON

legal document system on human resource management applied to a

cadre, civil servant changed to two specific legal documents regulatin

two separated groups (civil servant and state employee);

- Initially, the self master right has been given to public servic

organizations This creates a new way of access for management of publ

service organization;

- Contract mechanism has been applied:

- Salary regime based on source of income has been w elcomed by mar

public service organizations through Decree 43.

b Shortcomings

- First, content relating to human resource process In general have n been fundamentally change in nature of the two groups: civil servant and sta

employee.

- Fifth, many points in human resource management (state employe

mechanism are similar to that of civil servant .

- Sixth, the contract mechanism has just been brought to practice and n‹ fullY implemented.

- Seventh, self mastery mechanism for public service organizationS hi always met with difficulties because there are many other mechanisms th: reduce the effectiveness.

- Eighth, the human resource working in state agencies and organization | the context of Vietnam is very special The law provides the transfer ‹ public employee to public servant in the form of consideration fi recruitment make the position based model become meaningless.

- Ninth, we confuse the retirement according to labor law and issue relating to employment as people are out of labor age.

- Tenth, the labor law provides more clearly than the Law on State Employee

We also make some specific recommendations as follows:

1 Applying the self mastery model as of enterprise towards public servic

organizations;

2 Giving self master right on establishing the organizational machinery |

implement their duty

3 Giving true self master right on consideration of necessary number ‹ staff, types of human resource (state employee) in a flexible way

4 Giving right to recruit and use human resource on the basic +

requirement of work according to career based model

5 Giving self master right in using given budget to pay, invest or attra

human resource.

The above said recommendations are the first hand recommendations They a

all equal important The point is that it is necessary to carry

recommendations as soon as possible to create a sound

mechanism for management of human resource in public service org

out the

self maste

anization

As mentioned earlier, our research is the first hand In order to have broader understanding on this issue, it is necessary to have deeper analysis so as to make higher quality recommendations I wish if I was given scholarship, I can develop it to a Doctorate Thesis.

Contribution of the thesis: It is possible to say that our Thesis has given a rather comprehensive picture of self mastery mechanism for human resource management in public service organizations in Vietnam We hope scholars, researchers and administrators may use recommendations in our Thesis for completion of the mechanism Here the author will discuss how the thesis

has contributed to new knowledge for different interested parties By contribution it is meant the expected usability of the conducted thesis.

Key words: self mastery mechanism, state employee, public service

organization, human resource.

1.GENERAL THEORY ON MECHANISM FOR HUMAN RESOURCE

MANAGEMENT IN PUBLIC ORGANIZATIONS INCLUDING PUBLIC

SERVICE ORGANIZATIONS

1 General theory on mechanism for human resource management in publ

organizations including public service organizations.

2 Human resource management mechanism in organization in general.

3 Human resource management in one organization

4 Concretization of human resource management contents

5 Delegation of power in human resource management.

he state and the trade union.

8 A four-party industrial relation

9 Using employees in organizations

10 Some theoretical and practical issues regarding human resource management

mechanism in public organizations.

IIl.CURRENT SITUATION ON HUMAN RESOURCE (STATE

EMPLOYEE/OFFICIA) MANAGEMENT MECHANISM IN VIETNAM

1 Definition on "state employee/official" or "public servant".

2 Types of organization where state employee works

3 Current human resource management mechanism

3.1 Human resource management mechanism before 1998

3.1 Human resource management mechanism from 1998 to 2003

-3.2 Human resource (state employee) management mechanism from 2003 to 2010

3.3 Human resource management mechanism after 2010

4 Findings on the current human resource (state employee) management mechanism

4.1 Advantages of human resource management mechanism in public service

organization

4.2 Shortcomings of human resource (state employee) management mechanism in

public service organization on

4.3 General remarks on human resource (state employee) management mechanism

in public service organizations

IILRECOMMENDATIONS TO COMPLETE THE HUMAN RESOURCE

(STATE EMPLOYEE) MANAGEMENT MECHANISM IN VIETNAM IN THE ORIENTATION OF SELF MASTERY AND SELF RESPONSIVE IN PUBLCI

2.2 Giving self master right on establishing the or

implement their duty

as of enterprise towards public service

anizati phai machinery to

The renovation course of Vietnam through more than two decades hasreached comprehensive achievements and development in socio-economicand cultural areas especially in institutional building, strengthening thestrength of the Socialist Rule of Law of the people, for the people and by thepeople The fundamental requirement of management in areas of the social

life requires us to implement social progresses and fairness Economic

growth must go along with social development, guaranteeing all welfares

for the people especially the poor, narrowing the gap between the areas The above said issues have put forward a requirement for the State that state

agencies must provide high quality service sufficiently to meet with

fundamental and essential needs of the people and community without

profit In order to implement this task effectively, the point is how to build

up a mechanism for management of human resource in general including

management of state employee in particulars that are suitable with the

development orientation of the society and the international integration

trend The State must build up a sound mechanism for management and

development of human resource who are working in public serviceorganizations The term human resource used in this Thesis may be referred

to as state employee

It is possible to say that our State has paid special attention to building

up an effective system of civil servant and state employee from the early day of foundation of Vietnam A series of legal documents including laws

and by law documents regarding this issue has been promulgated with the aim to better this task A lot of achievements have been reached with respect

to recruitment, utilisation and management of state employee So far, there has been clear distinction between administrative area and public service

area By 2009, there were 1.62 state employees who work in public service organizations A part from the achieved results, the self mastery

mechanism for management of human resource still has some limitations

and shortcomings with respect to awareness and job, legal provisions and

practice of recruitment, utilization and management.

After the 2008 Law on Civil Servant was promulgated, it was natural

that state employees were not regulated by this Law The professional

activity of state employee as well as the self mastery mechanism for

management human resource in public service organization was

by many by-law documents There have appeared a lot of shortcomings that did not bring into full play of that mechanism It is possible to say that with this mechanism, the self mastery mechanism for management of human

ulated

resource (state employees) in public service organizations have not beenconsidered seriously and sufficiently.

From the objective requirement of the practice, with the aim to meetrequirements of building the Socialist State Rule of Law of the people, bythe people and for the people, improving the service quality of public

service organizations, strengthening the socialization of service activitiesand building a system of state employee with high quality, in November

2010, the National Assembly of Vietnam promulgated a Law on StateEmployee aiming at clearly define the legal status, role of state employeeand public service organizations in the entire system of state agencies andpolitical system The promulgation of the Law has been considered a bigprogress in this area

The point is how to improve the self mastery mechanism formanagement of human resource in public service organizations to bring intofull play the effectiveness and efficiency in maximum, ensuring thedemocracy in directing and executing as well as meeting with developmentgoals of society

Being aware of the necessity to build up a sound mechanism for

management of human resource in public service organizations our group

has defined that this issue is very essential for the development of human resource in general and human resource in public organizations in

particulars

Our group focuses our study on analysis related legal documents and the

practice in this area since 1998 till now By doing so, we can point out current problems, advantages and shortcomings of the current system, make neccessary recommendations on how to improve the self mastery right in management of human resource (state employee) in public service

organization in all aspects.

In our Thesis, we use some figures in the reports/documents of the

Ministry of Internal Affairs of Vietnam and books reports/researches

prepared by researchers in OECD, World Bank etc.

We wish to contribute a part to further complete the mechanism for

management of human resource ensuring the transparency, effectiveness

and efficiency suitable with the common development of human resource in Vietnam and human resource development trend in the world

ORGANIZATIONS INCLUDING PUBLIC SERVICE

ORGANIZATIONS

1 General theory on mechanism for human resource management in

public organizations including public service organizations

Human resource management in public organizations is one of issuesbearing both scientific and practical characteristic In scientific aspect,human resource management in organizations requires the observance ofgeneral theory contents That must be observed in all organizations On theother hand, based on typical feature of each organization, human resource

management in each organization has some typical features The public

sector has some differences in comparison with private sector Inorganizational aspect, the state apparatus is considered a big apparatusincluding small agencies/organizations with different functions and dutiesThis is a difficulty in establishing a common mechanism for management oflabourers working in public sector

2 Human resource management mechanism in organization in

general

Human resource management mechanism in organization is normally

accessed in two wa

Firstly, human resource management mechanism in organization based

on labour legislation This is provided in all countries and organizations The Labour Code to some extent also means Employment Code It is possible to consider general mechanisms in labour codes are separate issues

of labourer such as labour contract, wages, labour safety The second aspect refers to collective issues such as role of trade union, strike etc In

international aspect, it is possible to consider international law is a common mechanism Many countries apply labour code to all labourers in both sectors or they may have separate law for labourers of public sector

Vietnam has two laws applying to labourers working in public

organizations: Civil Servant Act (2008) and Public Servant Employee Act(2010)

Secondly, human resource management mechanism in each organization

ation on the basis of

bases on regulations, rules issued by each org

provisions of labour law These are internal issues of each organization

Public sector organizations as mentioned above are normally regulated

by separate legislation Therefore, many legal rules or regulations are notregulated in labour legislation

Thirdly, being concerned about the mechanism means legalization of

fundamental contents of human resource management in general and

management of civil and public servant in particulars.

3 Human resource management in one organization

Human resource management in one organization is a process of many

steps and contents associated with human being and activity thereof in theorganization Human resource management process may be described in

chart No 1

Chart No 1 Human resource management process

Planning the Attract Recruithuman f laborers persons

Based on the fundamental contents, human resource management in

organization must concretize into rule or regulations for the implementationContents of human resource management may be divided into groups of

work in chart No 2

Chart No 2: Human resource management process divided into groups

of work

Establishi Training and Establishin Ensuring

ng HR development g labor nies

and of HR provisions Croatians

utilization

HUMAN RESOURCE *——————————

4 Concretization of human resource management contents

In the theory and practice aspect, each content in each box of Chart No 2

must be provided clearly in a legal document They are also factors

establishing a comprehensive human resource management overall

mechanism for one organization in general and a public organization in

particulars

5 Delegation of power in human resource management.

In human resource management of big organizations such as state organization, the matter of delegation of power for human resource

management for each subject in the whole system is one of concerns

Delegation or power for management of laborers working in the

organization is the trend of civil servant and public servant mechanism in

public sector

Delegation of power from central to local level, in the principle, makes

local government meet local needs in a better manner However,

considering this in the principle of human resource management, giving

ight to each organization is a challenge on

more or less the self mastery

issues with respect to benefit.

gement in

Authorizing or delegating power for human resource mar

public sector is similar to giving more right to decide to individual

manager/administrator of the organization They also hope to complete

work of organization and their work result Sweden i i

interested in human resource delegating power mechanism in public sector’

6 Associating with the human resource delegating power mechanismin public sector.

Associating with the human resource delegating power mechanism inpublic sector is the recruiting laborer to organization (post to vacant)

Recruiting mechanism: the theoretical and practical matter of concern isthe model to locate laborer and recruiting method In public as well asprivate sector, the recruit is normally carried in two models:

~ position based system

- career based system

For career based system, civil servant is hired right after they start theircareer and hope to stay their for life The input qualification refers to

bachelor manner and examination is more or less like a test As they arehired, the organized shall locate them according to need of the organization

Meanwhile, the position based system bases on a principle of capacity orskill for a specific work or an area of work Source for recruitment may be

from inside or outside without guarantee of promotion In principle, the two

said systems have some certain advantages and shortcomings* The practice

of all countries and Vietnam is that they do not use a separate system but

combination of different systems for location and recruitment of personnel

We can see the trend of combining various models with more specific

criteria as priority As refer to position based system, managers are in favor

of competitive job experience and job related skills Countries likeAustralia, Canada, Denmark, Finland, Iceland, New Zealand, Norway,

Sweden, Switzerland UK and the United States of America are interested in

position based system

As for career based system, the management mechanism emphasizes on

the competitiveness through degree and examination Countries like Czech

Republic, France, Hungary, Ireland, Japan, Korea, Luxemburg and Spain

are in favor of the career based system’.

nd responsibilities to sub national governme

' Transferring competence a

Challenges of Human Resource Management for Multi Level Gover EC

Center, Paris Decem ber 4-5 2008

? The pos and cons of career based system and position based system, Kn:

OECL 7

General, Swedish Agency for Public Manag

* The Public Service of 2025, Themes, Challenges and Trends; Hun

OECD Countries The Honorable J Bourgon, P.C, O.C 23 Au

* Human resource management strategies to support orgar

that they have got to recruit qualified personnel In private sector

organizations, the observance and seeking ways to find qualified personnel

In public sector organizations, it is more difficult to seek and recruit

qualified personnel

7 The relationship between employer and employee and other related

` parties such as the state and the trade union

The relationship between employer and employee and other related

parties such as the state and the trade union creates a laborrelation/industrial relation mechanism in organizations especially public

organizations Many organizations consider the industrial relation

mechanism to be expressed through labor contract The employment regime

in human resource management in general bases on the relationship established between the employer and employee The basis for labor contract provisions are conditions of balanced labor market-employment

Parties will seek for profit through specific capacity of each party and it

seems that the employer has more right; they can apply various measures to

get more profit.

Competition to attract more qualified personnel is a great challenge of public sector whereas human resource management mechanism in pubic

sector seems to be less attractive compared with that of private sector

"Running out grey blood" is a problem of public sector if the mechanism for

recruitment, utilization and development in public sector is not changed

This is one of trends of changes in public sector from a traditional model to

a new model of management, with the application of many success of

private sector to public sector and especially the way for human resource

management in public sector.

Contract for service and commodity provision has been applied in many

countries The mechanism of contract for service and commodity provision

hopefully brings more effectiveness in terms of quality and efficiency In

Sweden, such kind of contract has been used since 80s of the 20 century and

rapidly developed in 90s By then, contractual relation between the state

and service provider has been applied in many countries

5 Competitive contracting for public services A comparison

Sweden Karin Bryntse and Casten Greve

8 A four-party industrial relation

Asa common trend, a four party industrial relation has been interested in

many countries in order to identify contractual relation With respect to management of human resource, the fundamental factors of the management

mechanism are factors related to establishment of industrial relation

Industrial relation is a system of four subjects: employer, employee, trade

union (representing employee) and state organization (government) that

directly or indirectly give impact the three groups of subject Theycooperate and coordinate with each other to set up a set of rules for

management of industrial relation This will greatly affect the specificmanagement mechanism of employer and employee

The terminology of industrial relation may be simply understood asrelation between employer and employee through labor contract However,

in principle, provisions of labor contract are regulated by labor codes oremployment act promulgated by state management agencies

The terminology of industrial relation is also understood in the sense thatthe role of trade union through collective labor agreement with theparticipation of employee It is possible to say that trade union plays a veryimportant role in this process On one hand, trade union represent employee

in making agreement with employer to handle arising issues relating toworking hour, policy and regime from the starting point On the other hand,

rights and interests of employees are protected as dispute arises As the matter of fact, when the role of trade union has not been brought into full play, they are still considered as lengthened arm ofemployer.

9 Using employees in organizations.

Using employees in organizations requires a clear mechanism by which

employees have change to contribute to common goal of those organizations Building up a mechanism for utilization of employee is a challenge of all organizations nowadays In human resource management

the recruitment is facing a great competitiveness in terms of qualified personnel Keeping qualified personnel working for public organizations is

a greater challenge Thus, in theory, managers in public sector have been seeking ways to answer those questions®

- How to complete the mechanism for attracting young and qualified

personnel to public sector:

- How to complete the human resource system and working condition

to make work in public sector become better:

® Public sector - An employer of choice? Report on compe

challenge The unbalanced supply-demand relation of qualified personneland the private sector has always had advantage make public sector lack of

experienced personnel in many areas.

There are many issues including working condition, welfare and

especially wage/salary is still unsolved For young and newly graduatedpersons, low salary does not attract them On the other hand, after two orthree year of working, salary raise is limited This is the reason why othercountries have to apply performance based salary system in public sector as

done in private sector The performance based salary system has showed an

attractive salary system to young and qualified persons It is possible to saythat though the Party and the State have paid sufficient attention to salary ofpublic sector employee In fact that does not meet their expectation Thesalary system based on grades and ranking appears unreasonable that does

not encourage employee to be active, creative and time devoted to work

The present common trend is employee do what they are given/assignedaccording to "finishing" criteria without paying attention to quality A part

of state employee has to find extra work to do to improve their income usingthe slogan "save ourselves" This situation is one of reasons leading the

work not to be done in due course, ineffective and poor quality.

10.Some theoretical and practical issues regarding human resource

management mechanism in public organizations.

Due to typical features of public organizations, building up a human

resource management mechanism requires a theoretical and typical manner

one Experiences of other countries as well as of Vietnam have showed the

following issues to be studies in order to build an effective management

mechanism

First: the point to be studied is, as making a new mechanism, the picture

of state employee is still not clear enough and attractive In the past, in

Vietnam as well as in other countries, working in public sector as civil

servant or public servant was a dream of many people This has been changed Many have been working in public organizations, but it takes them

too long or too difficult to reach a good career

till unclear Many countries applied two models

This

al

Second, promotion is

of promotion: internal and competitive (both internal and external).

competitive mechanism is still not transparent and it may rely on politic

reason or personal relation Therefore, many public organizations are now

considering the development of career for their employees This has become

the theory in private sector with respect to career development policy.

While, the tradition of public organization is "seniority", the new careerdevelopment mechanism shall apply "merit based system"

: Third, removing mechanism of employees working in big organizations

is being applied to public organizations according to the following principle:

- among public organizations:

~ between public organizations and private organizations:

- between national organizations and international organizations

Forth, recruiting and selecting mechanism for vacant positions Intheory, it is not difficult to use principle "fairness, no discrimination and

selection of the best of the best" However, in practice, recruit a person forvacant position especially management position is a challenge in public

sector.

In principle, open examination for recruiting person for vacant position

in public organization must be a precondition to attract candidate Next wehave got to reform the recruiting system and recruitment must be considered

an investment policy for new human resource

s culture

also set up that philosophy as building up enterpri

Sixth, working method and conditions are fundamental contents relating

to human resource management mechanism in public sector The principaland clerkly manner in many areas make activity of civil servants is bound toregulations As salary is limited by "public manner", many countries andorganizations have applied the flexibility in conducting public service to

establish a more reasonable mechanism Some practical issues are being

- Establish less- level organizational structure that makes people feelmore equal and less controlled;

- Balance office life and family life;

- Give opportunity for training for development need

All these above mentioned ideas are highly practical in private sector.

Adopting that to public sector requires abolishing a backward thought onmanagement and accepting the result based management system

Eighth, human resource management in public organizations are, inprinciple, legally bound to public law especially laws relating to publicservants or civil servants or public employees On the other hand, humanresource management must rely on theoretical principles This is an

important orientation in order to renovate the human resource management mechanism in public organization However, it seems to be difficult to apply

"fully and in detail general principles of human resource management" due

to the "public manner" of public organizations.

Ninth, the current important challenge to be considered is to divide

employees in public sector into various working groups the renovate the mechanism according to "public manner" but also in compliance with

possible principles of human resource in general This also reflects the trend of state administrative reform in ordance with "new public management" with simple way: emphasizing market principle and accept success of private sector The human resource management model in private

sector has been gradually changed on the basis of human resource

management theory and models such as: objective/target based, result based, competitive based management have been successfully applied by private

sector.

ement model" for

Sweden has also been applying "new public mana

human resource management Before applying new model salary was paid

on equal basis As new model was accepted, market based salary was

accepted’.

Tenth, reduction of special right or privilege to civil servants and state employees Regulations applied to discriminate state employees and private

employees have been changed Legal status of state or public employees is

more similar to that of private sector in 16 OECD countries’ ManyEarly 90s of

countries have applied contract mechanism as in private sector

= See

7 public management reform: Competing Drivers of cha

Environment affairs, Indiana University

* Referred document

Lois R Wise Professor S F

the 20 century, New Zealand has applied contract mechanism In 2005, 93%

of public employees work on open contract basis, 7% work on time fixed

contract In Sweden, judges also work on contract basis Labor legislation is

applied to both public and private sectors.

Eleventh, delegation of power for human resource management This is

an important mechanism In the past, OECD managed state employees in a

centralized manner Nowadays, a policy on human resource managementdelegating power has been applied In those countries, human resource

management has been transferred to organizations.

Twelfth, creating a motive for state employees Creating motive foremployees is one of core issue in human recourse management Managers in

private sector have always tried to find ways to create motive for their employees That is the responsibility of managers of organizations.

Thirteenth, creating a performance related pay sy stem’ This mechanism

is interested especially in OECD countries Performance related pay system

is not a new policy as many organizations have set up a performance based

evaluation '° and rely on performance based evaluation to pay However,

challenge for public sector and organizations are set up criteria on

"performance/result"

I.CURRENT SITUATION ON HUMAN RESOURCE

(STATE EMPLOYEE) MANAGEMENT

MECHANISM IN VIETNAM

1 Definition on "state employee"

The term "state employee" is one of terms that can be used in many

different ways in Vietnam This is not only an exception of this term but also a common feature of other terms Terms in Vietnamese language especially in legal documents (for instant civil servant, public servant or

state employees/official) are more conditioning In 1980, Decision No 117

of the Minister Council stipulated three groups of state employees and this

means that all persons who work for state agencies and organizations are

state employees" In many cases, the term "cadre, state official, employee

used in Vietnam refers to "a package or identical" For instance, the

® See Performance related pay policies for ernment employees Or

and development

10 See Ten steps for evaluation and performance based ¢ VB

of the Minister Counc

"' Decision No 117-HDBT dated 15/7/19

Constitution stipulated "state agencies, state cadres and officials are obliged

to respect the peop] " so the term cadres and officials seem

to be attached to state agencies Meanwhile, person working in state

agencies may be many".

The 1998 Ordinance on cadres and civil servants (amended twice in 2000and 2003) has had some adjustments In 1998, the term state

official/employee was not officially defined However, one Paragraph still

used that term with the sense that it was just a job title but not person’

In 2003 Amended Ordinance, the term state official/employee wasdefined and state employee was considered a separate type of cadres and

civil servants Accordingly "cadres and civil servants working in state

service providers, political organizations, socio-political organizations are

called state employees" This, the term "state employee" is used to indicate a

specific group of persons in a broader group of persons-cadres and civil

servants'*

In the latest legal document, the term state employee has been defined

However, as mentioned above, the "conditioning or habitual manner" should

be considered Before defining the term, it is necessary to agree on some

aspects as follows:

- person working in organizations in general (without discrimination

of state, private or foreign organizations) may be called in different

namẻs The way to call may express job/profession meaning or general

meaning

- persons working in state organizations in Vietnam is verydiversified andin many areas including state management (includipolitical, socio-political and professional organizations) _ Therefore,classification thereof depends on legal thinking in each period

- the connotation of the term "state employee" is relative according to Law on State employees but not absolute.

Therefore, there may be many types of person who work in public service providers in Vietnam in which one group is defined as state

employee

'? Amended 1992 Constitution art 8

'3 Art 1 1998 Ordinance on cadres and civil servants

'* art 2 Decree 116/2003/ND-CP

State employee as defined by the 2010 Law on State Employee

"Vietnamese citizen recruited on Position based principle, working inpublic service providers on contractual basis, enjoying salary from salaryfund public of that service providers according to provisions of law"

According to reports of ministries, agencies and localities, in the

passing time, the state employee quota has increased continuously meeting

human resource demand for fundamental service and good provision to the

people and community By 2009, there have been 1.622.225 state

employees in the nationwide in which 111.995 state employees working incentral public service organizations take 6.9% of the total: 1.545.475 stateemployees working in local public service organization take 93.1%.However, only 2.921 state employees working in the field of science andtechnology compared to total of 1.545.475 state employees at the local

level

With respect to gender: figures have showed that there are 1.018.764

female state employees taking 62.21% focusing on education and trainingwith 833.666 state employee taking 81,8%

Regarding age: according to collected figures, most of stateemployees are aging from 30 to 50 taking 59,1% ( 958.675 state employees

of the total 1.622.225) That is followed by state employ

30 with 477.104 state employees taking 28.4% The remaining is from 50

to 60 taking 22.5% with 167.418 state employee

ging less than

Chart 3'5, Statistic figure of state employees

` 2010 Law on State Employee, Art 2 Comin

"© Báo cáo của Bộ Nội vụ

TL Nationwide | 162222 1.018.76 | 130.62 499.86 1.009.97

5 4 3 Z 7 167.418

Health care 245.028 | 148.023 | 18.366 | 65.172 | 151.415 | 27.329

Education and 1.277.43 106.47 | 400.75 ahii 6 833.666] 5 |g | 776.121) 120.537

The focal point to be concerned is their working place, conditions, ways

to pay and the salary fund that they may enjoy On the other hand, the term

must be fundamental so as to take out many people from the scope of "state

employee", that is recruitment.

In short, the term "state employee" is just a conditioning according to the

thought of legislators Therefore, as studying their management mechanism,

it is necessary to base on legal provisions The term "state employee

mentioned in this Thesis is based on provisions of the Law on state

employee.

2 Types of organization where state employee works

State employee associates with special organization namely "public service organizations/provider" Thus, we have got to study how to

understand public service organizations/provider

In fact, there is no general term defining public service

organizations/provider Generally speaking, it may be understood that they

are established to do some certain work (education, health care,

consultation, auditing etc ) It may also mean that those organizations

belong to different sectors and owners Hence, in Vietnam, as making

provisions stating that state employees working in public serviceorganizations/providers, some legislators required to write "state

employees" and working in "public service organizations/provider".

In Vietnam, the term "public organization/public service provider" is used’ in legal documents rather than non government professional

organizations Since 2003, we have had a relative term on public service

organizing/provider According to legal provisions, public service

organization/provider established by state agencies'” In short, the term

public service organizations may be used to indicate professionalorganizations established by competent state agencies Each competent stateagency may establish public service organizations in many forms:

- Organization having income collected from their activity that may

cover all regular expenses; (first type)

- Organization having income collected from their activity that may cover a part of regular expenses, the remain part is subsidized by the state

budget; (second type);

- Organization having low/no income collected from their activity as

provided for by law that may not cover regular expenses and the state budget cover all expenses; (third type)

From the financial aspect for the said organizations, it is one of important issue to discriminate state public organizations and other

professional organizations.

According to 2010 Law on State Employee, state service organizations

are replaced by public service organizations and subject having competence

to establish thereof has been expanded The Law provided "public service

organization is an organization established by state competent agency,

political, soci-political organization in accordance with provisions of law, having legal status providing public services and serving the state

4) Public service organization fully given the self master right toperform duties, finance, organization and machinery (hereinafterreferred to as public service organization with self master right);

b) Public service organization not fully given the self master right to

perform duties, finance, organization and machinery (hereinafterreferred to as public service organization without self master right);

In principle, base on the independence or dependence on finance or statebudget, operation of public service organization shall have various level to

"decide related issues relating to their own operation"

Public service organizations operate fully on the basis of state budget

shall be similar to other organizations and their operation depends on legal

regulations or imposed by legal provisions Organizations with lessdependence on state budget shall be less controlled or imposed by legal

regulations Therefore, in principle, "the more self mastery right on finance

the organization has, the more autonomy they have" and to a certain extent,they will become an enterprise, but not a public service organization as

now .

In context of Vietnam, public service organizations include: 52.241public service organizations administered by central and local state

administrative agencies, out of which public service organizations

administered by ministries, ministerial level agencies and governmentagencies is 1.286; 50/955 public service organizations administered by thepeople's committees and professional agencies

Chart 4”: NUMBER OF PUBLIC SERVICE ORGANIZATIONS IN

THE NATIONWIDE

Number of organization in oper:

No Area | Total |_ meee _

| Cultui Agi 1

| Educatio | Health | cam 3

nand | care | and Training

qd) Q) @) (4) (6) | (

l : | 2

'® Decree 96/2010/ND-CP amending Decree 115/2005/ND-Cp pi

responsibility of public scientific and technology organizations a

and technology enterprise

2° Report of the Ministry of Internal Affairs

& Nationwide | 52-241 | 36.637 | 7.151 | 1.885 | 304| 1.615

2 | Central level |

(ministry,ministry level

On the basis of field of operation, we can see that the public service

organizations in the field of education take a majority of the total 36.636,

then 7.151 organizations in the health care area After that, 1.885

organizations are in the field of art, sport.

At local level, public service organizations that take the highest rate is

under the district People’s Committee (25.437 out of 50.955 public service

organizations of public service organization at all levels) There are 13.214

public service organizations of proffesional agencies under district

People’s Committee The third position is public service organizations of

proffesional agencies of the People’s Committee of cities and provincies

under the central government Of those, public service organizations In the

field of education and health care also take majority

Chart 5”': NUMBER OF PUBIC SERVICE ORGANIZATION

Scienti fic and

techno logy

ment

Labor and

2! Report of the Ministry of Internal Affairs

5 | Sub department |_ "Poe a0 - 0 60| 0T 42]

Total: 50.95 36.3| 7.07 1.8 l 3.6

5| 90| 7| 28| 238| 1236| s30| s0

One of typical features that we should keep an eye to consider the

human resource management mechanism in public service organizations is:

- Established by state competent agency;

- Functions and duties given by that agency;

- Budget for their operation is decided by the State;

- The level of self master depends on legal provisions in associationwith state budget

3 Current human resource management mechanism

Human resource management in public organizations in general and inpublic service organizations in particulars in Vietnam is more stateimposing than creative application of the said principles for human resource

management.

In renovation process in Vietnam since 1986 till now, in human resource

management or state organizations, there have had a lot of changes After

the 1998 Ordinance of civil servants was promulgated, despite of manyshortcomings and adjustments/amendments, this has been considered animportant landmark in human resource management working in the political

system in Vietnam in general and in state agencies in particulars and that

also the foundation for other legal documents

3.1Human resource management mechanism before 1998:

Before 1998, Vietnam did not have any legal document promulgated by the National Assembly on human resource management working in state agencies in particulars as well as in the political system in general On the

other hand, the state subsidized and centralized system made social activities carried out through subjects established by the state We used many terminologies to ping point persons working in those organizations

and the management their of was unified.

However, the State has promulgated a lot of documents to m

persons working in state agencies for instance: division of persons w

in state agencies into three categories: leading official, professional of

and technical official Those three categories are divided into different jobs

and associated with various grade of salary This is considered ar achievement in human resource management However, making a docume

regulating all the three groups as well as giving them the self mastery ri

has not been done ; cca

It is possible to say by 1991, with Decree 169/HDBT of the Minister Council, the term state employee disappeared In stead, there were

provisions stating who civil servants are and who are not The term civilservant covers all people working for the state” After the said Decree

human resource management mechanism in state and local organizations

became more scientific through entry examination which differed from thepast (after graduation students were given jobs automatically).”*

The human resource management mechanism in state agencies has been

changed fundamentally after Decree 25/CP relating to salary and wage with

clear cut of salary and wage levels and grades etc ) This made a good

opportunity for performance based management of civil servant and stateemployee

3.1.Human resource management mechanism from 1998 to2003

From May 1998, the Ordinance on civil servant came into beingreplacing many other documents on human resource management in stateorganizations in general This is the highest legal valid document relating tohuman resource management in state organizations in the entire politicalsystem and state agencies However, it may be seen that the Ordinance onlyprovided management mechanism for persons working in state agencies andpolitical, socio-political organizations from the district level up to central

level without persons working in communal level At the same time, the Ordinance and its decrees did not mention the term "state employee" The term "civil servant" was used.

The human resource management mechanism in state agencies in

particulars as well as of the entire system has been shaped The human

resource management mechanism includes:

- Civil servant clas:

- Provision of recruitment;

- Provision of probation period, appointment, upgrading:

- Provision on rewarding and discipline

ified on grades (A,B,C):

2 Decree 169/HDBT 1991

® Circular 99-TCCP-CCVC

In theory, all human resource management mechanisms in state agenciesaccording to provisions of law are suitable with basic contents of human

resource management science in which we combine both grading system

and entry examination

However, those mechanisms have not operated and brought common

character for all types of state organizations without discrimination of state

management agency or state professional agency (education, health care).

Many contents of human resource management in organization have

also been implemented in state service organizations This does not make

state management agency with human resource called civil servant change

differently in comparison with state service organization `

3.2 Human resource (state employee) management mechanismfrom 2003 to 2010

The Ordinance on civil servant was amended in 2003 The amendment

marked a fundamental change in human resource management in state agencies in general That is the scope of application of management mechanisms has been expended to communal level.

The fact that there was not specific and separate provision on persons working in service organization but it was till contained in the term "cadre

and civil servant" According to amended article 1 the phase "cadre and civil

servant provided in this Ordinance are Vietnamese citizens recruited.

include those who are recruited, nominated into one grade of civil

servant or assigned to hold one permanent position in state service organization, political, socio-political organization" By writing as such, it

means that state employee is a part of civil servant and cadre in general

The fundamental and important change does not occur in the Ordinance That was notified in government decree as they mentioned the group of

person called state employee.

Before 2003, government document provided very generally and unified

the management of persons who work in state, political, socio-political organizations in two groups as civil servant and state employee After 2003,

government legal document separated into two basis contents relating to

human resource management mechanism in stale organizations which bear managerial and human resource management In state service organizations

or public service organizations.

24 Amended Ordinance on Civil servant 2003

The two government legal documents, Decree 117/2003-ND-CP andDecree 116/2003-ND-CP have relatively discriminated the two groups.However, there were not many differences This may be seen in the

following table:

In general principle, the human resource management mechanism of the

two groups contains some similar points but some different point based on

job, position they taken state agency and service organization.

Table Comparison of civil servant and state employee according to

legal document of the government”

Civil servant | State employee

- Being recruited and nominated into | - Being recruited and nominated into

one civil grade, each grade has title | one grade of state employee;

and qualification; - Being assigned to hold a permanent

- Working in state agency, arm force, | duty in state service organization,

political, socio-political | political, socio-political

organization; organization;

- Receiving salary from state budget | - Receiving salary from state budget

and other source of income

Reviewing the human resource management mechanism of state service

organization, it is possible to withdraw some remarks as follows:

First, terminologies, contents of state employee management provision

do not differ very much from that of civil servant (Decree 116 and Decree

117/2003-ND-CP)

Second, document relating to state employee management

mechanism-human resource in state service organization contain some differences in

comparison with civil servant management Specifically, they are:

- "Staff quota" is the number of person working in state service

organization, decided by that organization or approved by competent

agency according to guideline of the state:

- "Recruitment" is the recruitment of staff in the form of contract

working in state service organization through entry examination or

consideration for recruitment:

oA

25 Decree 116 and Decree 117/2003-ND-CP

- "Probation period" means a Process where the recruited person

experiments his/her position or duty fall under the grade he/she belongs to

It is possible to say that the human resource management mechanism in

State service organization is very vital and the breaking change is theworking contract This may be considered a fundamental change in the

working regime of persons working in state agencies in general and state

employee in particulars If the working mechanism in the past was "life-longmechanism", now, it has been changed to contract

The relation between employer and employee in the contract mechanism

may be considered an important means to improve the working efficiency

and the human resource management in organization in general Stateagencies in Vietnam do not apply contractual mechanism to establish labor

contract relation Decree 116/2003 and Decree 121/2006-ND-CP provided

rather clearly on contractual mechanism in the human resource management

of service organizations Accordingly, person recruited to serviceorganization is not subject any discrimination on working regime

According to provisions, contractual mechanism in state serviceorganization is divided into three types:

a) The first working contract applied to recruited person during

probation _ period;

b) Contract with fix time applied to person meeting with requirement

after probation period;

c) Contract without fix time applied to person that have twiceconsecutively signed contract with fix time *°

Considering legal aspect of these provisions, all state employees

working in state service organizations are controlled and subject to

contractual mechanism (with or without fix time)

Human resource management (state employee) in service organizationshas had remarkable changes after the contractual mechanism is appliedSpecifically speaking, the state divides three type of service organization as

mentioned above and provides more clearly the self mastery and self

3# Decree 121/2006/ND-~

responsive mechanism in many areas including human resource

management.

The self mastery and self responsive mechanism have been issued inorder to give service organizations (except some special organizations)more self mastery right especially in the field of human resource

management (state employee) as well as organization for the

implementation of assigned duties The self mastery mechanism provided:

- Being active in deciding measure for the implementation of duties inorder to ensure the quality and progress thereof:

- Being self mastery and self responsive in doing other work asprovided for by law;

- Public service organizations are entitled to establish affiliate serviceorganizations to provide service suitable with function, duty; withself mastery and self responsive plan in conducting activities,organizational machinery, staff and they have got to pay for their activities(except service organizations to which the law provides this jurisdictionbelongs to the Government, the Prime Minister, minister and provincialpeople's committee Chairman)

- Service organizations are entitled to merger or dissolve affiliateservice organizations (except service organizations to which the lawprovides this jurisdiction belongs to the Government, the Prime Minister,minister and provincial people's committee Chairman)

- Leader of service organization shall provide function, duty andoperation mechanism for its affiliate organizations (except otherwiseprovided for by law);

- Self budgetary service organization can decide on staff quota For organization that can partly budget their activity and organization fully subsidized by the state shall consider staff quota and budget Leader

of that organization has to submit the state management agency for

approval

- Leader of service organization may sign contract of different forms decide on recruitment (in two forms), nomination of staff, utilization of

staff, removal, rewarding, discipline etc.

The human resource management mechanism in general of service

organizations is stipulated clearly in decree relating to service organization

in the field of scientific and technology This has given those organizations

to operate in the form of enterprise meaning that the hur

management thereof is carried out in the form of human resource management in enterprise This is the vital change in human resource

n resource

management In process of socialization of public service provision, hopefully many service organization will be run in the effective form.

3.3.Human resource management mechanism after 2010

Up to now, all human resource management mechanisms in publicservice organization are being implemented in accordance with current legal

documents despite the Ordinance on civil servant is out of force since the

Law on civil servant came into force from 1/1/2010 However, the specificcharacteristic of human resource (state employee) in public service

organization puts a legal requirement for human resource management in

those organizations The law on state employee was promulgated by theNational Assembly but is will come into force from 1/1/2012

Nevertheless, we can see some points regarding the human resource(state employee) management mechanism - not a small part of those whoare working in public service organizations

Those typical points of new mechanism to be interested are:

- Being recruited on position based system:

- Working on contract basis:

- Receiving salary from salary fund of public service organization:

- Having right to contribute capital to business and do extra hour:

- The recruitment of state employee must base needs, position,qualification, professional title and salary fund of that organization:

The Law on State Employee also provided some basis principles forrecruiting staff for public service organization as follows:

- Ensuring transparency, openness, fairness, impartiality and pursuant

to law;

- Ensuring the competitiveness;

- Recruiting the right person who meets qualifications and

requirements of the position;

- Highlighting the responsibility of leader of public service

Organizatioi

- Giving priority to talented person, person having merit to the nation and the ethnic minority:

However, right after the Law on State Employee was promulgated,

many issues relating to human resource (state employee) T

mechanism in state service organization are being concerned by researchers and state agencies.

4 Findings on the current human resource (state employee)

management mechanism in Vietnam

There are many types of organizations of public sector including state

management agencies, state service organizations, state enterprises and

organizations of political, socio-political organizations All activities of thesaid organizations rely on the state budget or subsidized by the state

- Human resource management mechanism in the aforesaid organizations,

in principle is regulated by legal documents of the state in spite thatpolitical, socio-political organizations have their own rules Public serviceorganizations in Vietnam have been gradually shaped and separated fromstate management agencies and become a relatively independent part Thishas put forward remarkable changes on human resource managementmechanism in public service organizations

In process of doing research, the Research Group has conducted survey

in the form of questionaire at some public service organizations with the

aim to collect data for doing”” Through survey, we can withdraw some

conclusions as follows: state employees working in public serviceorganizations have relatively low income, most of them are not satisfactory

with the current state employee management mechanism and all of them said that the current mechanism is not effective and ineffective The obvious point is that they wish to change the current mechanism with performance

based evaluation but not on working hour basis All have desire to show

their capacity and proffessional skill, improve their income through self mastery mechanism in temrs of organization, finance and duty performance They wish their organization be managed in the enterprise model

a Advantages of human resource management mechanism in

public service organization

Going along with development course the human resource management

mechanism in public service organization have been gradually shaped and

concretized in the orientation of the common human resource management

mechanism in many organizations This may help public service

organization to do better job Some advantages are as follows:

- Legal documents have step by step separated and clarified the legal

status of public service organization in comparison with state management

agency in order to apply new management mechanism;

- The human resource (state employee) manag

public service organization has been step by step separated from the general

ement mechanism in

?? Survey result included in the reference part at the end of the Tt

human resource management mechanism This may be seen from legal document system on human resource management applied to all cadre, civil

servant where two legal documents regulating two separated groups (civil

servant and state employee)”*;

- Initially, the self master right has been given to public serviceorganizations This creates a new way of access for management of

public service organization;

- Contract mechanism has been applied;

- Salary regime based on source of income has been welcomed bymany public service organizations through Decree 437°

b Shortcomings of human resource (state employee)

management mechanism in public service organization

Initially, we have separated types of organization in public sector That

is the discrimination between state management agency and public serviceorganization However, though we have introduced some mechanisms tochange the way to manage human resource (state employee) but still thereare some shortcomings:

- First, content relating to human resource process in general have not

been fundamentally change in nature of the two groups: civil servant and

state employee We may see there is no big difference in nature betweenthe content of the Law on Civil Servant plus its decree * and the Law onState Employee All articles bear the imposing, mandating manner

- Second, as drafting the Law on State Employee many points havenot been clarified or understood correctly One of basic point is the contract

mechanism Due to lack of clear and sufficient provisions or may be

misunderstanding, many people have argued on this point Especially those who have been working in public service organizations before the

decree was promulgated on contract mechanism and especially when the

Law on State Employee comes into force.

- Third, we do not clarify the contract mechanism so we provide

contract differently compared with staff quota and many people wish to become member of staff quota notwithstanding contract is signed

- Forth, contract mechanism and forms for discipline are not bound

together that makes contract not to bring into full play and it is impossible to conclude the contract as provided for by law

- Fifth, many points in human resource management (state employee)

mechanism are similar to that of civil servant

Decree 95/1998 and decrees 116, 117/2003

2° Decree 43/2006/ND-CP

39 Decree 06/2010, Decree 18/2010 and Dec 4/201(

~ Sixth, the contract mechanism has j i

not fall SARA just been brought to practice and

- Seventh, self mastery mechanism for public service organizationhas always met with difficulties because there are many other mechanismsthat reduce the effectiveness

- Eighth, the human resource working in state agencies and

organization in the context of Vietnam is very special Many people wish to

become civil servant is a challenge

- Ninth, we confuse the retirement according to labor law and issuesrelating to employment as people are out of labor age

- Tenth, the labor law provide more clearly than the Law on StateEmployee

c General remarks on human resource (state employee)management mechanism in public service organizations

It is possible to withdraw some following remarks on human resourcemanagement mechanism in public service organization:

1 There have been fundamental changes on human resourcemanagement mechanism in public service organization after the 2003

amended Ordinance on Civil Servant:

2 Many recommendations have made cha

management mechanism However, the common mechanism towards "state personnel" has not been changed very much making the human resource management in public service organization unclear.

3 There has been not clear cut on professional activity of state

employee Is that career based or position based system ?

4 The term "state employee" has not been understood in uniform

manner that has not expressed the typical feature thereof.

5 The system on qualifications of state employee just focuses on CV,

degree but not experience and capacity.

6 In the context of implementing the self mastery and self responsive

mechanism and socialization of service provision, the management of

state employee on the basis of quota has not met the requirements of

management reform Here and there, there are plenty of inexperienced

employee and lack of experiences ones.

7 Provision regarding professional promotion similar to that of civil

servant that reduce the effectiveness.

8 The self mastery right and self responsive have not been fully

given to leader of public service organization

2s in terms of

IH RECOMMENDATIONS TO COMPLETE THE

HUMAN RESOURCE (STATE EMPLOYEE) MANAGEMENT MECHANISM IN VIETNAM IN THE ORIENTATION OF SELF MASTERY AND

SELF RESPONSIVE IN PUBLCI SERVICE ORGANIZATION

1 Overview:

In the common trend of state operation reform, one of big issues forstates is socialization of service providing activity meaning that publicservice that used to be carried out by state (in the form of monopoly) shall

be carried out by other economic sectors Practice in Vietnam has showed

that many public services carried out by public service organizations Once,

they are shifted to other economic sectors, they seem to be more effective

In the common trend, there are two problems relating to reform the

management mechanism of public service organization including human

resource management.

First, it is necessary to define type of indispensable public service of the state and therefore, the state has to provide budget for those organizations to operate This may be similar to the way to access "management of service

organization in general and human resource management in particulars" and

there is no meaning of self mastery but the same as of civil servant

Second, it is necessary to define public service organizations that the state needs participate in and provide a part of budget to the operation of

those organization and act as important contributing party It may operate

as en enterprise or share holding company.

Third, service organizations that belong to the state but if it is socialized

it will be better then the state will not involve In this case, the state has to

transfer it and give it all powers despite of the fact that the capital belongs

to the state

2 Specific recommendations:

2.1.Applying the self mastery model as of enterprise towards

public service organizations

The most important point is the self mastery

implementing duties Implementing duties associates

organizations Giving self mastery right in this area

and self responsible right in

with the live of

shall liberate

potentiality of organization, bringing in to full play the collective st

and individuals shall have change to show their capacity a

a) For duties given or assigned by the state, the organization is entitled

to decide measures to ensure the quality and progress;

b) For other activities, the organization is entitled to self mastery and

self responsible right toward:

- Organize to provide service suitable with professional area, capacity

of the organization and legal provisions :

- Establish join venture or cooperate with other organizations andindividuals to provider services meeting needs of the society

c) For service organizations that may cover all costs by themselves or

organization that may cover a part, depending on area of capacity, may:

- Decide to purchase property, investment for building up theinfrastructure (money can be taken from development fund, mobilizedcapital etc) and as approved by competent agency

~ Participate in bidding regarding provision of services suitable withtheir professional area

- Use their property to set up a joint venture organization with

domestic and foreign organization and individual

2.2 Giving self master right on establishing the organizational

machinery to implement their duty

To be suitable with function and duty, the organizational machinery

must also meet practical requirements such

1 New establishment: public service organization is entitled to set up

new affiliate to provider services in compliance with assigned duty and function, self mastery and self responsible solution.

2 Merging or dissolve: public service organization is entitled to merge

or dissolve its affiliate organization

3 Concrete function and duty and operational rule of a

organization shall be decided by leader or public service organization

2.3 Giving true self master right on consideration of necessary

number of staff, types of human resource (state employee)

in a flexible way

Staff quota is one of sensitive matters of state agency in general

public service organization in particulars Decision on staff needed must

associate with the existence of the organization Then the recruitment