Nghị định 161/2018/NĐ-CP sửa đổi quy định về tuyển dụng công chức, viên chức, nâng ngạch công chức, thăng hạng viên chức và thực hiện chế độ hợp đồng một số loại công việc trong cơ quan hành chính nhà nước, đơn vị sự nghiệp công lập

DECREE

AMENDMENTS TO REGULATIONS ON RECRUITMENT OF OFFICIALS AND PUBLIC EMPLOYEES, PAYGRADE ADVANCEMENT FOR OFFICIALS, RANK PROMOTION FOR PUBLIC EMPLOYEES, AND CONCLUSION OF CONTRACTS FOR PERFORMANCE OF TASKS OF ADMINISTRATIVE AGENCIES AND PUBLIC SERVICE UNITS

Pursuant to the Law on Organization of Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Governments dated June 19, 2015;

Pursuant to the Law on Officials dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Labour Code dated August 16, 2012;

At the request of the Minister of Home Affairs;

The Government promulgates a Decree providing amendments to regulations on recruitment of officials and public employees, paygrade advancement for officials, rank promotion for public employees, and conclusion of contracts for performance of tasks of administrative agencies and public service units.

Article 1. Amendments to Government’s Decree No. 24/2010/ND-CP dated March 15, 2010 on recruitment, use and management of officials

1. Article 4 is amended as follows:

“Article 4. Conditions for official recruitment registration

Conditions for official recruitment registration are set out in Clause 1 Article 36 of the Law on Officials. Depending on each working position, the recruiting agency shall determine other conditions according to Point g Clause 1 Article 36 of the Law on Officials provided that they must not be contrary to law regulations, without regard to training mode, qualifications, certificates, and public or private training institution, and reported to the official-managing agency for approval before the recruitment.”

2. Article 5 is amended as follows:

 “Article 5. Priority in official recruitment

1. Priority candidates and marks given in recruitment exams or recruitment by selection:

a) Candidates who are awarded the “Anh hùng Lực lượng vũ trang” (“Hero of the People’s Armed Forces”) or “Anh hùng Lao động” (“Hero of Labour”) title, or wounded soldiers, persons eligible for benefits as wounded soldiers or type-B wounded soldiers shall have 7.5 marks added to their round-2 exam results;

b) Candidates who are ethnics, officers of the Armed Forces or People’s Public Security Forces, non-commissioned officers, cryptography officers, children of revolutionary martyrs, wounded soldiers, sick soldiers, persons eligible for benefits as wounded soldiers, type-B wounded soldiers, persons who participated in revolution before the General Uprising (before August 19, 1945), partisans infected with toxic chemicals, or persons who are awarded the “Hero of the People’s Armed Forces” or “Hero of Labour” title shall have 5 marks added to their round-2 exam results;

c) Candidates who have fulfilled their military duties or fixed-term duties in the people’s public security forces, members of the youth volunteer force or the young intellectual force having participated in rural or mountainous development programs for 24 months, or more, and successfully fulfilled their duties shall have 2.5 marks added to their round-2 exam results.
2. If a candidate is eligible for two or more priority considerations mentioned in Clause 1 of this Article, the highest priority mark shall be included in his/her round-2 exam result as prescribed in Clause 2 Article 8  and Clause 2 Article 12 hereof.”  

3. Clause 2 Article 7 is amended as follows:

“Article 7. Recruitment Council

2. The Recruitment Council shall work on the principle of collectives and make decisions under the majority rule. In case of equality of votes, the Council’s Chairperson shall have the casting vote. The Recruitment Council shall have the following duties and powers:

a) Establish assisting boards:

For a recruitment exam:  Assisting boards include exam question board, exam invigilation board, exam paper heading board, exam paper marking board, grade review board, and inspection and testing board when organizing round-2 interviews.

For recruitment by selection: Assisting boards include applications check board, and inspection and testing board when organizing round-2 interview;

b) Collect and use recruitment fees as prescribed;

c) Organize the recruitment exam, mark exam papers, score answers given by candidates (at round-2 interviews), and examine recruitment registration forms in case of recruitment by selection;

d) Report results of the recruitment exam or recruitment by selection to the head of the agency or unit competent to recruit officials (hereinafter referred to as “recruiting agency”) within 10 days after the marking of exam papers has been completed;

dd) Settle complaints and/or denunciations that may arise during the recruitment exam or recruitment by selection.”

4. Article 8, Article 9 and Article 10 are consolidated into Article 8 as follows:

“Article 8. Contents, form and duration of recruitment exam

A recruitment exam is comprised of two rounds as follows:

1. Round 1: Computer-based multiple-choice exam. If the recruiting agency cannot organize a computer-based multiple-choice exam, a paper-based multiple-choice exam shall be organized.

a) A multiple-choice exam is composed of three parts:

Part I: General knowledge – 60 questions about political system, apparatuses of the Communist Party, the Government, socio-political organizations, state administrative management, civil servants and missions, the Communist Party’s guidelines and State laws on the field of recruitment, the official's duties at working position applied for. Duration: 60 minutes;

Part II: Foreign language – 30 questions in one of the following five languages, English, Russian, French, German, Chinese or another foreign language decided by the head of the recruiting agency depending on requirements of working position.  Duration: 30 minutes. With regard to a foreign language working position, candidates shall not take the foreign language questions at round-1 exam as prescribed in this Article.

Part III: Informatics – 30 questions depending on working position. Duration: 30 minutes. With regard to an informatics working position, candidates shall not take the informatics questions at round-1 exam as prescribed in this Article.

In case of a computer-based multiple-choice exam, the multiple-choice exam shall not include informatics questions.

b) The following candidates shall be exempted from the foreign language exam (round 1):

A candidate possesses a university’s bachelor or postgraduate degree in foreign language;

A candidate possesses a university’s bachelor or postgraduate degree issued by a foreign training institution or upon completion of a training course lectured in foreign language in Vietnam;

A candidate for a working position in an ethnic minority area is an ethnic or possesses a certificate of proficiency in minority language accredited by a competent authority.

c) A candidate who possesses an intermediate professional education diploma in information technology, informatics or mathematics – informatics shall be exempted from the informatics exam (round 1). 

d) Round-1 exam results shall be determined according to the number of true answers of each part prescribed in Point a Clause 1 of this Article. A candidate may be eligible for round-2 exam as prescribed in Clause 2 of this Article if at least a half of his/her answers in each part is correct.

dd) In case of a computer-based multiple-choice exam, round-1 exam results must be given to candidates immediately after they complete the exam, and such results shall not be reviewed in any cases.

e) In case of paper-based round-1 exam, exam papers shall be marked as follows:

The marking of round-1 exam papers must be completed within 15 days after the end of the round-1 exam;

Exam results must be published within 05 working days upon completion of the marking of round-1 exam papers and a notification of a time-limit of 15 days from the publishing of exam results for receiving requests for review of exam results shall be also published on the website of the recruiting agency;

Within 15 days after the deadline for submitting requests for review of exam results, the review of exam results, if there are requests received, must be completed and results of the review must be informed to relevant candidates.

Depending on the actual situation, the head of the recruiting agency may decide to extend the time limits for the tasks prescribed in this Point provided an extension granted shall not exceed 15 days.

g) Within 05 working days upon completion of the marking of round-1 exam papers as prescribed in Point dd and Point e of this Clause, the head of the recruiting agency shall give notices of round-2 exam to qualified candidates.

The round-2 exam must be organized within 15 days after the notices of round-2 exam are given.

2. Round 2: Professional knowledge exam:

a) Contents of the exam: Knowledge, competence and skills in performing duties of candidates according to requirements of working position.

If an exam is organized for different working positions, the recruiting agency shall create different professional knowledge question sheets to meet requirements of such working positions.

b) Form of the exam:  Interview or written test.

The head of the recruiting agency shall make a decision to adopt interview or written test. If the form of the round-2 exam is interview, no review of interview results shall be conducted.

c) Grading scale (interview or written test): out of 100 marks.

d) Duration:  30 minutes for an interview or 180 minutes for a written test.”

5. Article 11 is amended as follows:

“Article 11. Determination of successful candidates

1. A candidate is considered successful if:

a) he/she achieves a total of at least 50 marks on the round-2 exam prescribed in Clause 2 Article 8 hereof;

b) The sum of his/her marks achieved the round-2 exam and his/her priority marks given according to Clause 1 Article 5 hereof (if any) is higher than those of other candidates for the same working position in descending order.

2. If the sums of the marks given in the round-2 exam as prescribed in Clause 2 Article 8 hereof and the priority marks given as prescribed in Clause 1 Article 5 hereof (if any) of 02 or more candidates are equal for the last working position, the candidate with the higher marks given in the round-2 exam shall be selected. In case of failure to make a decision, the successful candidate shall be selected according to decision made by the head of the recruiting agency.

3. Exam results of failed candidates shall not be reserved for following recruitment exams.”

6. Article 12 and Article 13 are consolidated into Article 12 as follows:

“Article 12. Contents and forms of recruitment of officials by selection

Recruitment of officials by selection is comprised of two rounds as follows:

1. Round 1:

A candidate shall be considered whether to meet eligibility and standards for working position specified in his/her recruitment registration form or not. If all eligibility conditions and standards are satisfied, he/she shall be called for round 2 as prescribed in Clause 2 of this Article.

Within 05 working days upon completion of the round-1 consideration of candidates’ fulfillment of eligibility for working position, the head of the recruiting agency shall give notices of round-2 interview to qualified candidates.

The round-2 interview must be organized within 15 days after the notices of round-2 interview are given.

2. Round 2:

a) Interviews shall be carried out to assess candidates’ competence and qualifications.

b) An interview shall be scored out of 100 marks.

c) An interview will last up to 30 minutes.

d) No review of interview marks will be accepted.”

7. Article 14 is amended as follows:

“Article 14. Determination of candidates successful in recruitment by selection

1. A candidate is considered successful in recruitment by selection if:

a) he/she achieves a total of at least 50 marks on the round-2 interview prescribed in Clause 2 Article 12 hereof;

b) The sum of his/her marks achieved in round 2 and his/her priority marks given according to Clause 1 Article 5 hereof (if any) is higher than those of other candidates for the same working position in descending order.

2. If the sums of the interview marks as prescribed in Clause 2 Article 12 hereof and the priority marks given as prescribed in Clause 1 Article 5 hereof (if any) of 02 or more candidates are equal for the last working position, the candidate with the higher marks given in the round-2 interview as prescribed in Clause 2 Article 12 hereof shall be selected. In case of failure to make a decision, the successful candidate shall be selected according to decision made by the head of the recruiting agency.

3. Results of candidates who failed interviews shall not be reserved for following recruitment interviews.”

8. Article 15 is amended as follows:

“Article 15. Recruitment notification and receipt of recruitment registration forms

1. The recruiting agency shall make at least a recruitment notification, indicating eligibility conditions and standards, number of job vacancies, time limit and place for receiving recruitment registration forms, on means of mass media, and post the same on its website and at its headquarters.

2. Candidates may submit recruitment registration forms, made according to the form enclosed herewith, directly at the announced place or by post.

3. The time limit for receiving recruitment registration forms is 30 days from the date of publishing of recruitment notification on means of mass media and the website of the recruiting agency.

4. At least 05 working days before the date of recruitment exam or recruitment by selection, the recruiting agency shall make and post the list of qualified candidates at its headquarters.”

9. Article 16 is amended as follows:

“Article 16. Recruitment organization

1. The head of the recruiting agency shall issue a decision on establishment of a Recruitment Council that shall take charge of organizing the recruitment.  If no recruitment council is established, the head of the recruiting agency shall assign its personnel department to organize the recruitment.

2. The Ministry of Home Affairs shall promulgate regulations on organization of recruitment exams and recruitment of officials by selection.”

10. Article 17 is amended as follows:

“Article 17. Notification of recruitment results

1. Within 10 days from the receipt of reports on round-2 results from the Recruitment Council or personnel department, if no recruitment council is established, the recruiting agency shall openly post the results of recruitment exam or recruitment by selection, list of successful candidates at its headquarters and on its website, and also send written recruitment notices to candidates at their registered addresses.

2. Within 15 days from the date on which the round-2 results are made available, candidates may submit written requests for review of exam results in case the round-2 exam is made in writing as prescribed in Clause 2 Article 8 hereof. The head of the recruiting agency shall organize the review of exam results and publish results of the review within 15 days after the deadline for receiving requests for review of exam results prescribed in this Clause.

3. Upon completion of the tasks in Clause 1 and Clause 2 of this Article, the head of the recruiting agency shall report recruitment results to the official-managing agency for approval and send written recruitment notices to successful candidates at their registered addresses. A recruitment notice must clearly state the deadline by which the successful candidate must be present at the recruiting agency to provide his/her originals of qualifications, certificates, academic records and documents proving his/her priority status according to requirements of working position, and receive an employment decision.

4. If a successful candidate fails to submit all of required documents or commits fraud acts in filling his/her recruitment registration form, or is found by the recruiting agency to submit illegal qualifications/certificates, the head of the recruiting agency shall make a decision on invalidation of his/her recruitment results and report the case to the head of the official-managing agency.

If the candidate is found to commit fraud acts in filling his/her recruitment registration form or submit illegal qualifications/certificates, the recruiting agency shall publish a notification thereof on means of mass media or its website and reject his/her recruitment registration form submitted in the next recruitment of officials.

5. The head of the recruiting agency shall decide to recognize the recruitment result of the candidate who ranked below the candidate whose recruitment result is invalidated as prescribed in Clause 4 of this Article or in case the recruiting agency has demand for recruiting more officials for working position indicated in the candidate’s application in the same year.

If there are 02 or more candidates who are both ranked below the rejected candidate, the head of the recruiting agency shall decide the successful candidate as prescribed in Clause 2 Article 11 hereof (in case of recruitment exam) or as prescribed in Clause 2 Article 14 hereof (in case of recruitment by selection).”

11. Article 19 is amended as follows:

“Article 19. Special recruitment cases

1. Based on the conditions for officials recruitment registration laid down in Clause 1 Article 36 of the Law on Officials and depending on each working position, the head of the official-managing agency shall recruit officials directly without recruitment exams in the following cases:

a) A person who has at least 05 years' experience in working position of which the holder is required to possess a bachelor’s degree or higher in a specialty relevant to the vacant position and has compulsory social insurance contributions made as prescribed (excluding probation period; working periods for which the payment of compulsory social insurance contributions is interrupted and lump-sum payment of social insurance benefits is not yet made shall be accumulated), including:

Public employees working at public service units;

Persons salaried in armed forces (either in the army or people’s public security) and cryptography officers;

Holders of working positions/titles in single-member limited liability companies of which the charter capital is wholly owned by the State or persons who are appointed to represent the state capital and hold managerial positions in enterprises of which over 50% of charter capital is held by the State.

b) Persons who have been officials at district level or higher and then have been transferred to public service units, armed forces, cryptography agencies, socio-political-professional organizations, social organizations or socio-professional organizations or have been appointed to hold working positions/titles in single-member limited liability companies of which the charter capital is wholly owned by the State or to represent the state capital and hold managerial positions in enterprises of which over 50% of charter capital is held by the State.

2. Recruitment process in special cases:

a) When recruiting officials in the case prescribed in Point a Clause 1 of this Article, the head of the official-managing agency shall establish a testing council. A testing council is comprised of 05 or 07 members, including:

A council’s chairperson who is the head or deputy head of the official-managing agency;

A council’s deputy chairperson who is the head of the personnel department of the official-managing agency;

A member cum secretary of the council who is an official of the personnel department of the official-managing agency;

Other members of the council who are representatives of professional departments relating to the vacant position and decided by the head of the official-managing agency.

b) The testing council shall have the following duties and powers:

Examine the officials’ satisfaction of working position requirements regarding eligibility conditions and standards, qualifications and certificates;

Test the officials to be recruited on their general knowledge and professional competence. Depending on requirements of working position, the testing council shall decide and report the testing form and contents to the head of the official-managing agency for approval before the testing;

The testing council shall work on the principle of collectives and make decisions under the majority rule. In case of equality of votes, the testing council’s chairperson shall have the casting vote. The testing council shall be automatically dissolved upon completion of its duties.

c) When recruiting officials in the case prescribed in Point b Clause 1 of this Article, the head of the official-managing agency must not establish a testing council.

3. If an official is recruited as prescribed in one of the cases in Clause 1 of this Article and appointed to hold the position of department manager or higher, the recruitment of officials without testing prescribed in Clause 2 of this Article shall be carried out at the same time with the appointment of managerial position.  The agency competent to manage the official shall not issue an employment decision; the decision to receive and appoint the official to the managerial position shall be valid as an employment decision.

4. If an official who is recruited according to the provisions herein is appointed to working position related to his/her training discipline or previous working position, his/her working periods with compulsory social insurance contributions made before being recruited (working periods for which the payment of compulsory social insurance contributions is interrupted and lump-sum payment of social insurance benefits is not yet made shall be also accumulated) shall be used as the basis for determining his/her paygrade/step corresponding to working position he/she will undertake.”

12. Clause 2 and Clause 4 Article 20 are amended as follows:

“Article 20. Probation regime

2. Probation periods are stipulated as follows:

a) 12 months for type-C officials;

b) 06 months for type-D officials;

c) Maternity leave under the social insurance regime, sick leave of 14 days or more, leave without pay, and the period during which the public employee is held in custody or temporary detention, or suspended from work in accordance with law must not be counted into the probation period.

4. An official shall be exempted from probation if he/she is appointed to working position related to his/her training discipline or previous working position and his/her working period with compulsory social insurance contributions made (working periods for which the payment of compulsory social insurance contributions is interrupted shall be also accumulated) is equal or longer than the probation period prescribed in Clause 2 of this Article.”

13. Clause 3 Article 25 is amended and Clause 6 is added to Article 25 as follows:

“Article 25. Conditions and standards to be considered when promoting commune-level officials to district- or higher-level officials

3. A commune-level official must have a full working period of at least 60 months (excluding probation period; working periods for which the payment of compulsory social insurance contributions is interrupted and lump-sum payment of social insurance benefits is not yet made shall be accumulated).

6. If a commune-level official is received and appointed to hold the position of department manager or higher, the promotion of the commune-level official to the district- or higher-level official shall be carried out at the same time with the appointment of the managerial position. The agency competent to manage the official shall not issue an employment decision; the decision to receive and appoint the official to the managerial position shall be valid as an employment decision.

The demotion of a district- or higher-level official to a commune-level official must not comply with the procedures laid down in this Article.”

14. Point d is added to Clause 3 Article 29, and Point a Clause 3 and Clause 4 Article 29 are amended as follows:

“Article 29. Grounds, principles, and eligibility requirements for paygrade advancement for officials

3. In order to register for an advancement exam, candidates have to meet the following eligibility requirements:

a) The candidate shall have well fulfilled his/her duties in the year preceding the year of the advancement exam; have political credentials and good ethics; be not liable to any disciplinary measures or consideration by a competent authority for deciding disciplinary measures;

d) He/she has been holding the current paygrade for a full period of at least 01 year (12 months) up to the deadline for submission of application for the advancement exam.

4. The official-managing agency shall assume legal responsibility for the satisfaction of eligibility requirements by the officials they recommended for the paygrade advancement, and manage and retain candidates’ registration dossiers as prescribed by laws.”

15. Article 30 is amended as follows:

“Article 30. Organization of paygrade advancement exams

1. An exam for advancement from the grade of principal official or equivalent to the grade of senior official or equivalent

a) Exams for advancement from the grade of principal official to the grade of senior official

The Ministry of Home Affairs shall play the leading role in organizing exams for advancement from the principal official grade to the senior official grade in regulatory authorities and public service units of the State.

The Central Organizing Commission shall play the leading role and cooperate with the Ministry of Home Affairs in organizing exams for advancement from the principal official grade to the senior official grade in agencies/public service units of the Communist Party of Vietnam and in socio-political organizations.

b) Exams for advancement from the principal official-equivalent grade to the senior official-equivalent grade

The agency in charge of managing official paygrades of the Communist Party of Vietnam shall play the leading role and cooperate with the Central Organizing Commission, ministries and ministerial agencies in charge of managing official paygrades shall play the leading role and cooperate with the Ministry of Home Affairs in organizing exams for advancement from the principal official-equivalent grade to the senior official-equivalent grade in accordance with the provisions herein.

2. Exams for advancement from the grade of official or equivalent to the grade of principal official or equivalent

The official-managing agencies defined in Clause 2 Article 2 hereof shall play the leading role in organizing advancement exams after obtaining opinions about the paygrade scheme and targets from the Ministry of Home Affairs (for officials working in regulatory authorities and public service units of the State) or the Central Organizing Commission (for officials working in agencies/public service units of the Communist Party of Vietnam and in socio-political organizations).

3. Exams for advancement from the grade of employee to the grade of expert or equivalent; from the grade of employee or expert or equivalent to the grade of official or equivalent

The official-managing agencies defined in Clause 2 Article 2 hereof shall play the leading role in organizing advancement exams after obtaining opinions about the paygrade targets from the Ministry of Home Affairs (for officials working in regulatory authorities and public service units of the State) or the Central Organizing Commission (for officials working in agencies/public service units of the Communist Party of Vietnam and in socio-political organizations).

4. The Ministry of Home Affairs shall provide guidance on regulations on organization of paygrade advancement exams for officials.”

16. Article 33 and Article 34 are amended as follows:

“Article 33. Subjects, forms and durations of paygrade advancement exams

A paygrade advancement exam is comprised of 2 rounds as follows:

1. Round 1: Computer-based multiple-choice exam. If the agency competent to organize the advancement exam (hereinafter referred to as “exam-organizing agency" cannot organize a computer-based multiple-choice exam, a paper-based multiple-choice exam shall be provided.

a) A multiple-choice exam is composed of 3 parts:

Part I: General knowledge – 60 questions about political system, apparatuses of the Communist Party, the Government, socio-political organizations, state administrative management, civil servants and missions, the Communist Party’s guidelines and State laws on the field of responsibility, the official's duties in the next-higher paygrade. Duration: 60 minutes.

Part II: Foreign language – 30 questions in one of the following five languages, English, Russian, French, German or Chinese, depending on requirements of the next-higher paygrade. Duration: 30 minutes.

Part III: Informatics – 30 questions according to requirements of the next-higher paygrade. Duration: 30 minutes.

In case of a computer-based multiple-choice exam, the multiple-choice exam shall not include informatics questions.

b) The following candidates shall be exempted from the foreign language exam (round 1):

A male candidate is aged 55 or older, or a female candidate is aged 50 or older;

A candidate working in an ethnic minority area is an ethnic or possesses a certificate of proficiency in minority language issued by an authorized training institution;

A candidate holds a degree in foreign language of the same level or of a level higher than the prescribed training level for the next-higher paygrade;

A candidate holds a degree, issued by a foreign training institution or upon completion of a training course lectured in foreign language in Vietnam, of the same level or of a level higher than the prescribed training level for the next-higher paygrade.

c) A candidate who possesses an intermediate professional education diploma in information technology, informatics or mathematics – informatics shall be exempted from the informatics exam (round 1). 

d) Round-1 exam results shall be determined according to the number of true answers of each part; a candidate may be eligible for round-2 exam as prescribed in this Article if at least a half of his/her answers in each part is correct.

dd) In case of a computer-based multiple-choice exam, round-1 exam results must be given to candidates immediately after they complete the exam, and such results shall not be reviewed in any cases.

e) In case of paper-based round-1 exam, exam papers shall be marked as follows:

The marking of round-1 exam papers must be completed within 15 days after the end of the round-1 exam;

Exam results must be published within 05 working days upon completion of the marking of 1 exam papers and a notification of a time-limit of 15 days from the publishing of exam results for receiving requests for review of exam results shall be also published on the website of the exam-organizing agency;

Within 15 days after the deadline for submitting requests for review of exam results, the review of exam results, if there are requests received, must be completed and results of the review must be informed to relevant candidates.

g) Within 05 working days upon completion of the marking of round-1 exam papers as prescribed in Point dd and Point e of this Clause, the head of the exam-organizing agency shall give notices of round-2 exam to qualified candidates.

The round-2 exam must be organized within 15 days after the notices of round-2 exam are given.

2. Round 2: Professional knowledge exam:

a) For exams for advancement to the grade of senior official or equivalent:  Project writing taken within 08 hours and project defense taken within 30 minutes at the maximum according to requirements of the next-higher paygrade with the grading scale out of 100 marks for each part.

b) For exams for advancement to the grade of principal official or equivalent:  Written exam taken within 180 minutes according to requirements of the next-higher paygrade with the grading scale out of 100 marks.

c) For exams for advancement to the grade of expert, official or equivalent:  Written exam taken within 120 minutes according to requirements of the next-higher paygrade with the grading scale out of 100 marks.

Article 34. Determination of successful candidates, notification of exam results and appointment to paygrade of officials

1. Determination of successful candidates in an advancement exam

a) For exams for advancement to the grade of senior official or equivalent:

A candidate is considered successful in an exam for advancement to the grade of senior official or equivalent if he/she achieves a total of at least 100 marks on the round-2 professional knowledge exam prescribed in Clause 2 Article 33 hereof (in which each part of project writing and project defense must be scored at least 50 marks) and considered in descending order within total targets.

If total marks on the round-2 exam of 02 or more candidates are equal, the successful candidate shall be determined according to the following order of priority: female candidate; ethnic candidate; older candidate (determined by date of birth); in case of 02 or more candidates are of the same age, the candidate with longer working period shall be given priority.

In case of failure to determine who is the successful candidate, the head of the exam-organizing agency shall decide who is the successful candidate at the request of the head of the official-managing agency.

b) For exams for advancement to the grade of principal official, official, expert or equivalent:

A candidate is considered successful in an exam for advancement to the grade of principal official or equivalent, official or equivalent, expert or equivalent if he/she achieves a total of at least 50 marks on round-2 professional knowledge exam prescribed in Clause 2 Article 33 hereof, and considered in descending order within total targets. If 02 or more candidates achieve equal exam marks, determination of successful candidates shall be carried out according to the provisions in Point a of this Clause.

c) Exam marks shall not be reserved for following advancement exams.

2. Notification of exam results

a) Within 10 days upon completion of round-2 exam marking, the advancement exam council shall report exam results to the exam-organizing agency and send written notification of exam marks of officials to the official-managing agency.

b) Within 15 days from the date of notification of round-2 exam results, candidates are entitled to send requests for review of their round-2 exam results. The advancement exam council shall carry out the review of exam results and publish review results within 15 days from the deadline for receiving requests for review of exam results prescribed in this Clause.

c) Upon completion of the tasks in Point a and Point b of this Clause, the advancement exam council shall request the exam-organizing agency to consider giving approval for exam results and list of successful candidates. Within 05 working days after the exam-organizing agency issues a decision on approval for exam results, the advancement exam council shall send written notification of exam results and list of successful candidates to the relevant official-managing agency.

3. Appointment to paygrade of officials

a) Within 15 days from receipt of the list of successful candidates, the head of the official-managing agency shall make a decision on appointment of new pay grade and salary of the successful candidate as prescribed.

b) With regard to an exam for advancement to the grade of senior official or equivalent, the head of the official-managing agency shall issue a decision on appointment of new pay grade and salary of the successful candidate after obtaining the consent from the Ministry of Home Affairs (for officials working in regulatory authorities and public service units of the State) or the Central Organizing Commission (for officials working in agencies/public service units of the Communist Party of Vietnam and in socio-political organizations).

17. Clause 3, Clause 5 and Clause 6 Article 48 are amended as follows:

“Article 48. Duties and powers of Ministry of Home Affairs

3. Instruct and inspect the compliance with regulations on titles, standards and structure of pay grade of officials; promulgate and instruct, inspect the implementation of regulations on recruitment exams, recruitment of officials by selection, regulations on paygrade advancement exams, regulations on assessment of officials, improvement programs according to requirements of paygrade of officials, and training programs according to leading/managerial positions/titles.

5. Manage quantity and structure of paygrade of officials.

6. Give opinions to official-managing agencies about appointment, salary arrangement and pay raise ahead of schedule for officials of the grade of senior official or equivalent."

18. Clause 1, Clause 3, Clause 4, Clause 6 and Clause 7 Article 49 are amended as follows:

“Article 49. Duties and powers of ministries, ministerial agencies, Governmental agencies, organizations other than public service units established by the Government or the Prime Minister

1. Manage quantity, standards, recruitment and employment of officials within their management; make decisions on regular raise of pay and overframe seniority pay of officials ranked in the grade of senior official or equivalent; based on opinions of the Ministry of Home Affairs about the eligibility requirements, make decisions on appointment, salary arrangement and pay raise ahead of schedule for officials ranked in the grade of senior official or equivalent; appointment to paygrade, salary arrangement raise of pay and overframe seniority pay of officials ranked in the grade of principal official or lower.

3. Make decision on lists and number of job vacancies; manage working positions and payroll of officials as assigned and according to the Communist Party’s guidelines and relevant laws.

4. Manage improvement/training programs in professional knowledge in their managing sectors.

6. Promulgate Circulars stipulating codes, professional standards and salary arrangement for paygrades of officials in their managing sectors/fields after obtaining the consent from the Ministry of Home Affairs.

7. Organize advancement exams for officials of the paygrade equivalent to the senior official grade as assigned and advancement exams for officials under their management according to Article 30 hereof.”

19. Clause 1, Clause 3 and Clause 4 Article 50 are amended as follows:

“Article 50. Duties and powers of people’s committees of provinces and central-affiliated cities

1. Manage quantity, standards, recruitment and employment of officials within their management; make decisions on regular raise of pay and overframe seniority pay of officials ranked in the grade of senior official or equivalent; based on opinions of the Ministry of Home Affairs about the eligibility requirements, make decisions on appointment, salary arrangement and pay raise ahead of schedule for officials ranked in the grade of senior official or equivalent; appointment to paygrade, salary arrangement raise of pay and overframe seniority pay of officials ranked in the grade of principal official or lower.

3. Make decision on lists and number of job vacancies; manage working positions and payroll of officials as assigned and according to the Communist Party’s guidelines and relevant laws.

4. Organize advancement exams for officials under their management according to Article 30 hereof.”

Article 2. Amendments to Government’s Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, use and management of public employees

1. Clause 2 Article 4 is amended as follows:

“Article 4. Conditions for registration for public employee recruitment

2. Depending on requirements of each working position, agencies/units competent to recruit public employees as prescribed in Clause 1 Article 24 of the Law on public employees (hereinafter referred to as “recruiting agencies”) shall determine other conditions according to Point g Clause 1 Article 22 of the Law on public employees provided that they must not be contrary to law regulations, without regard to training mode, qualifications, certificates, and public or private training institution.”

2. Clause 3 Article 6 is amended as follows:

“Article 6. Recruitment council

3. The Recruitment Council shall work on the principle of collectives and make decisions under the majority rule. In case of equality of votes, the Council’s Chairperson shall have the casting vote. The Recruitment Council shall have the following duties and powers:

a) Establish assisting boards:

In case of a recruitment exam:  Assisting boards include exam question board, exam invigilation board, exam paper heading board, exam paper marking board, grade review board, and inspection and testing board when organizing round-2 interviews.

For a recruitment by selection:  Assisting boards include recruitment registration forms check board, and inspection and testing board when organizing round-2 interview or practice test;

b) Collect and use recruitment fees as prescribed;

c) Organize the recruitment exam, mark exam papers, score interviews or practice tests, and examine recruitment registration forms in case of recruitment by selection;

d) Report results of the recruitment exam or recruitment of public employees by selection to the head of the recruiting agency within 10 days after completion of marking of exam papers for making recognition decisions;

dd) Settle complaints and/or denunciations that may arise during the recruitment exam or recruitment of public employees by selection.”

3. Article 7, Article 8 and Article 9 are consolidated into Article 7 as follows:

“Article 7. Contents, form and duration of recruitment exam

A recruitment exam is comprised of 2 rounds as follows:

1. Round 1: Computer-based multiple-choice exam. If the recruiting agency cannot organize a computer-based multiple-choice exam, a paper-based multiple-choice exam shall be provided.

a) A multiple-choice exam is composed of 3 parts:

Part I: General knowledge – 60 questions about the law on public employees; the Communist Party’s guidelines, State laws and knowledge about the field of recruitment; the public employee’s duties at working position applied for. Duration: 60 minutes.

Part II: Foreign language – 30 questions in one of the following five languages, English, Russian, French, German, Chinese or another foreign language decided by the head of the recruiting agency depending on requirements of working position.  Duration: 30 minutes. With regard to a foreign language working position, candidates shall not take the foreign language questions at round-1 exam as prescribed in this Article.

Part III: Informatics – 30 questions depending on working position. Duration: 30 minutes. With regard to an informatics working position, candidates shall not take the informatics questions at round-1 exam as prescribed in this Article.

In case of a computer-based multiple-choice exam, the multiple-choice exam shall not include informatics questions.

b) The following candidates shall be exempted from the foreign language exam (round 1):

A candidate possesses a university’s bachelor or postgraduate degree in foreign language;

A candidate possesses a university’s bachelor or postgraduate degree issued by a foreign training institution or upon completion of a training course lectured in foreign language in Vietnam;

A candidate for a working position in an ethnic minority area is an ethnic or possesses a certificate of proficiency in minority language accredited by a competent authority.

c) A candidate who possesses an intermediate professional education diploma in information technology, informatics or mathematics – informatics shall be exempted from the informatics exam (round 1). 

d) Round-1 exam results shall be determined according to the number of true answers of each part prescribed in Point a Clause 1 of this Article. A candidate may be eligible for round-2 exam as prescribed in Clause 2 of this Article if at least a half of his/her answers in each part is correct.

dd) In case of a computer-based multiple-choice exam, round-1 exam results must be given to candidates immediately after they complete the exam, and such results shall not be reviewed in any cases.

e) In case of a paper-based round-1 exam, exam papers shall be marked as follows:

The marking of round-1 exam papers must be completed within 15 days after the end of the round-1 exam;

Exam results must be published within 05 working days upon completion of the marking of round-1 exam papers and a notification of a time-limit of 15 days from the publishing of exam results for receiving requests for review of exam results shall be also published on the website of the recruiting agency;

Within 15 days after the deadline for submitting requests for review of exam results, the review of exam results, if there are requests received, must be completed and results of the review must be informed to relevant candidates.

Depending on the actual situation, the head of the recruiting agency may decide to extend the time limits for the tasks prescribed in this Point provided an extension granted shall not exceed 15 days.

g) Within 05 working days upon completion of the marking of round-1 exam papers as prescribed in Point dd and Point e of this Clause, the head of the recruiting agency shall give notices of round-2 exam to qualified candidates.

The round-2 exam must be organized within 15 days after the notices of round-2 exam are given.

2. Round 2: Professional knowledge exam

a) Contents of the exam: Professional knowledge, competence and skills of candidates according to requirements of working position.

If an exam is organized for different working positions, the recruiting agency shall create different professional knowledge question sheets to meet requirements of such working positions.

b) Form of the exam:  Interview or practice test or written test.

The head of the recruiting agency shall decide to organize the round-2 exam in the form of interview, practice test or written test in conformity with the nature of the job and requirements of working position. If the round-2 exam is organized in the form of interview, no review of interview results shall be conducted.

c) Grading scale (interview or practice test or written test): out of 100 marks.

d) Duration:  30 minutes for an interview or 180 minutes for a written test.”

4. Article 10 is amended as follows:

“Article 10. Determination of successful candidates

1. A candidate is considered successful if:

a) he/she achieves a total of at least 50 marks on the round-2 exam prescribed in Clause 2 Article 7 hereof;

b) The sum of his/her marks achieved in round 2 and his/her priority marks given according to Clause 3 of this Article (if any) is higher than those of other candidates for the same working position in descending order.

2. If the sums of the marks given in the round-2 exam as prescribed in Clause 2 Article 7 hereof and the priority marks given as prescribed in Clause 3 of this Article (if any) of 02 or more candidates are equal for the last working position, the candidate with the higher marks given in the round-2 exam shall be selected. In case of failure to make a decision, the successful candidate shall be selected according to decision made by the head of the recruiting agency.

3. Priority candidates and marks given in recruitment of public employees:

a) Candidates who are awarded the “Anh hùng Lực lượng vũ trang” (“Hero of the People’s Armed Forces”) or “Anh hùng Lao động” (“Hero of Labour”) title, or wounded soldiers, persons eligible for benefits as wounded soldiers or type-B wounded soldiers shall have 7.5 marks added to their round-2 exam results;

b) Candidates who are ethnics, officers of the Armed Forces or People’s Public Security Forces, non-commissioned officers, cryptography officers, children of revolutionary martyrs, wounded soldiers, sick soldiers, persons eligible for benefits as wounded soldiers, type-B wounded soldiers, persons who participated in revolution before the General Uprising (before August 19, 1945), partisans infected with toxic chemicals, or persons who are awarded the “Hero of the People’s Armed Forces” or “Hero of Labour” title shall have 5 marks added to their round-2 exam results;

c) Candidates who have fulfilled their military duties or fixed-term duties in the people’s public security forces, members of the youth volunteer force or the young intellectual force having participated in rural or mountainous development programs for 24 months, or more, and successfully fulfilled their duties shall have 2.5 marks added to their round-2 exam results.4. If a candidate is eligible for two or more priority considerations mentioned in Clause 3 of this Article, the highest priority mark shall be included in his/her round-2 exam result as prescribed in Clause 2 of this Article. 

5. Exam results of failed candidates shall not be reserved for the following recruitment of public employees.”

5. Article 11 and Article 12 are consolidated into Article 11 as follows:

“Article 11. Contents and forms of recruitment of public employees by selection

Recruitment of public employees by selection is comprised of 2 rounds as follows:

1. Round 1:

A candidate shall be considered whether to meet eligibility requirements for working position specified in his/her recruitment registration form or not. If all eligibility requirements are satisfied, he/she shall be called for round 2 as prescribed in Clause 2 of this Article.

Within 05 working days upon completion of the round-1 consideration of candidates’ fulfillment of eligibility requirements for working position, the head of the recruiting agency shall give notices of round 2 to qualified candidates.

Round 2 must be organized within 15 days after the notices of round 2 are given.

2. Round 2:

a) Interviews or practice test shall be carried out to assess candidates’ competence and qualifications.

The head of the recruiting agency shall decide to organize round 2 in the form of interview or practice test in conformity with the nature of the job and requirements of working position.

b) An interview or practice test shall be scored out of 100 marks.

c) Duration of an interview is 30 minutes; duration of a practice test shall be decided by the head of the recruiting agency.

d) No review of interview or practice test marks will be accepted.”

6. Article 13 is amended as follows:

“Article 13. Determination of successful candidates

1. A candidate is considered successful if:

a) he/she achieves a total of at least 50 marks on the interview or practice test prescribed in Clause 2 Article 11 hereof;

b) The sum of his/her marks achieved in round 2 and his/her priority marks given according to Clause 3 Article 10 hereof (if any) is higher than those of other candidates for the same working position in descending order.

2. If the sums of the interview or practice test marks prescribed in Clause 2 Article 11 hereof and the priority marks given as prescribed in Clause 3 Article 10 hereof (if any) of 02 or more candidates are equal for the last working position, the candidate with the higher marks given in the round-2 interview or practice test as prescribed in Clause 2 Article 11 hereof shall be selected. In case of failure to make a decision, the successful candidate shall be selected according to decision made by the head of the recruiting agency.

3. If a candidate is eligible for two or more priority considerations mentioned in Clause 3 Article 10 hereof, the highest priority mark shall be included in his/her round-2 exam result as prescribed in Clause 2 of this Article. 

4. Results of candidates who failed a recruitment of public employees shall not be reserved for the following recruitment.”

7. Article 14 is amended as follows:

“Article 14. Special cases of public employee recruitment

1. Based on the conditions for registration for public employee recruitment set out in Article 4 hereof and depending on requirements of working position, the head of the recruiting agency may consider recruiting public employees directly in the following cases:

a) A person who has at least 05 years' experience in working position of which the holder is required to possess a bachelor’s degree or higher in a specialty relevant to the vacant position and has compulsory social insurance contributions made as prescribed (excluding probation period; working periods for which the payment of compulsory social insurance contributions is interrupted and lump-sum payment of social insurance benefits is not yet made shall be accumulated), including:

Persons who have signed employment contracts in accordance with laws and are performing professional duties in public service units of which both recurrent and investment expenditures are covered by themselves, and those of which recurrent expenditures are covered by themselves or non-public administrative units;

Persons salaried in armed forces (either in the army or people’s public security) and cryptography officers;

Commune-level officials;

Persons working at single-member limited liability companies of which the charter capital is wholly owned by the State or at enterprises of which over 50% of charter capital is held by the State.

b) Talented persons or persons with special gifts for working positions in the sectors of culture, arts, physical training and sports and traditional trades or occupations.

c) Officials and public employees who are transferred by competent authorities to the armed forces, cryptography agencies, socio-political-professional organizations, social organizations, socio-professional organizations or enterprises of which over 50% of charter capital is held by the State.

2. Process of recruitment of public employees in special cases:

a) When recruiting public employees in the case prescribed in Point a and Point b Clause 1 of this Article, the head of the recruiting agency shall establish a testing council. A testing council is comprised of 05 or 07 members, including:

A council’s chairperson who is the head or deputy head of the recruiting agency;

A council’s deputy chairperson who is the head of the personnel department of the recruiting agency;

A member cum secretary of the council who is an official of the personnel department of the recruiting agency;

Other members of the council who are representatives of some professional departments relating to the vacant position and decided by the head of the recruiting agency.

b) The testing council shall have the following duties and powers:

Examine the recommended person’s satisfaction of requirements of working position regarding eligibility conditions and standards, qualifications and certificates;

Test general knowledge and professional competence of the recommended person. Depending on requirements of working position, the testing council shall decide and report the testing form and contents to the head of the recruiting agency for approval before the testing;

The testing council shall work on the principle of collectives and make decisions under the majority rule. In case of equality of votes, the Council’s Chairperson shall have the casting vote. The testing council shall be automatically dissolved upon completion of its duties.

c) The head of the recruiting agency may decide according to its competence or send a written request to the head of the agency competent to manage the public employee for its consent about the recruitment of public employee according to Clause 1 of this Article before deciding to recruit the public employee.

3. If a person is recruited as a public employee as prescribed in one of the cases in Clause 1 of this Article and appointed to hold the position of department manager or higher in a public service unit, the recruitment of public employees according to Clause 2 of this Article shall be carried out at the same time with the appointment of that managerial position.  The agency competent to manage the public employee shall not issue a decision to recruit public employee; the decision on appointment of managerial position shall be valid as an employment decision.

4. If a person who is recruited as a public employee according to the provisions herein is appointed to a working position related to his/her training discipline or previous working position, his/her working periods with compulsory social insurance contributions made before being recruited (working periods for which the payment of compulsory social insurance contributions is interrupted and lump-sum payment of social insurance benefits is not yet made shall be also accumulated) shall be used as the basis for determining his/her salary corresponding to the working position he/she will undertake.”

8. Article 15 is amended as follows:

“Article 15. Recruitment notification and receipt of recruitment registration forms

1. The recruiting agency shall make at least a recruitment notification, indicating eligibility conditions and standards, number of job vacancies, time limit and place for receiving recruitment registration forms, on means of mass media, and post the same on its website and at its headquarters.

2. Candidates may submit recruitment registration forms, made according to the form enclosed herewith, directly at the announced place or by post.

3. The time limit for receiving recruitment registration forms is 30 days from the date of publishing of recruitment notification on means of mass media and the website of the recruiting agency.

4. At least 05 working days before the date of recruitment exam or recruitment by selection, the recruiting agency shall make and post the list of qualified candidates at its headquarters.”

9. Article 17 is amended as follows:

“Article 17. Notification of public employee recruitment results

1. Within 10 days from the receipt of reports on round-2 results from the Recruitment Council, the recruiting agency shall openly post the results of recruitment exam or recruitment by selection, list of successful candidates at its headquarters and on its website, and send written notices of recruitment results to candidates at their registered addresses.

2. Within 15 days from the date on which the round-2 results are made available, candidates may submit written requests for review of exam results in case the round-2 exam is made in writing as prescribed in Clause 2 Article 7 hereof. The head of the recruiting agency shall organize the review of exam results and publish results of the review within 15 days after the deadline for receiving requests for review of exam results prescribed in this Clause.

3. Upon completion of the tasks in Clause 1 and Clause 2 of this Article, the head of the recruiting agency shall approve recruitment results and send written recruitment notices to successful candidates at their registered addresses. A recruitment notice must clearly state the deadline by which the successful candidate must be present at the recruiting agency to provide his/her originals of qualifications, certificates, academic records and documents proving his/her priority status according to requirements of working position, and sign a public employee contract.

4. If a successful candidate fails to submit all of required documents or commits fraud acts in filling his/her recruitment registration form, or is found by the recruiting agency to submit illegal qualifications/certificates, the head of the recruiting agency shall make a decision on invalidation of his/her recruitment results and report the case to the head of the official-managing agency.

If the candidate is found to commit fraud acts in filling his/her recruitment registration form or submit illegal qualifications/certificates, the recruiting agency shall publish a notification thereof on means of mass media or its website and reject his/her recruitment registration form submitted in the next recruitment.

5. The head of the recruiting agency shall decide to recognize the recruitment result of the candidate who ranked below the candidate whose recruitment result is invalidated as prescribed in Clause 4 of this Article or in case the recruiting agency has demand for recruiting more public employees for the working position indicated in the candidate’s application in the same year.

If there are 02 or more candidates who are both ranked below the rejected candidate, the head of the recruiting agency shall decide the successful candidate as prescribed in Clause 2 Article 10 hereof (in case of recruitment exam) or as prescribed in Clause 2 Article 13 hereof (in case of recruitment of public employees by selection).”

10. Article 18 is amended as follows:

“Article 18. Contents relating to public employee contracts

1. Persons recruited as public employees of public service units must sign public employee contracts with a definite term of from at least 12 months to 36 months with heads of such public service units. A probation period (if any) must be stated in public employee contracts with a definite term.

2. Upon expiry of the public employee contract prescribed in Clause 1 of this Article, the head of the public service unit shall assess the public employee’s performance of duties and based on its needs, decide to sign a new public employee contract with a definite or indefinite term, or terminate the public employee contract signed with that public employee. If a new public employee contract with a definite term is signed, upon expiry of the signed public employee contract, the head of the public service unit shall consider signing a public employee contract with an indefinite term or terminating the public employee contract signed with the public employee.

3. If a public employee is recruited to work at a public service unit located in an isolated area or area with exceptionally difficult socio-economic conditions, upon expiry of the public employee contract prescribed in Clause 1 of this Article, the head of the public service unit shall consider and decide to sign a public employee contract with an indefinite term or terminate the public employee contract with public employee.

4. If an official is assigned as a public employee as prescribed in Point d and Point dd Clause 1 Article 58 of the Law on public employees, the head of the public service unit shall sign a public employee contract with an indefinite term.

5. The Ministry of Home Affairs shall set the form of public employee contract.”

11. Clause 2, Clause 3 Article 20 are amended and Clause 5 is added to Article 20 as follows:

“Article 20. Probation regime

2. Probation periods are stipulated as follows:

a) 12 months for a person holding the professional title whose holder must possess a higher education qualification.  Particularly, the probation period of a doctor is 09 months;

b) 09 months for a person holding the professional title whose holder must possess an associate degree;

c) 06 months for a person holding the professional title whose holder must possess an intermediate professional education diploma.

3. Maternity leave under the social insurance regime, sick leave of 14 days or more, leave without pay, and the period during which the public employee is held in custody or temporary detention, or suspended from work in accordance with law must not be counted into the probation period.

5. A public employee shall be exempted from probation if he/she is appointed to the working position related to his/her training discipline or previous working position and his/her working period with compulsory social insurance contributions made (working periods for which the payment of compulsory social insurance contributions is interrupted shall be also accumulated) is equal or longer than the probation period prescribed in Clause 2 of this Article.”

12. Clause 3 is added to Article 21 as follows:

“Article 21. Probation instruction

3. If a public service unit is unable to assign a public employee to instruct the probationer according to Clause 2 of this Article, the head of the public service unit shall report the case to the head of the agency or organization competent to appoint and dismiss him/her for consideration."

13. Point b Clause 1 Article 29 is amended and Clause 3 is added to Article 29 as follows:

“Article 29. Change of professional titles of public employees

1. Change of professional titles of public employees is effected as follows:

b) Promotion from a lower rank to a higher rank in the same sector of field must be effected through professional title rank promotion exam or consideration.

3. Agencies or units that assign their public employees to attend the professional title rank promotion exam or consideration shall assume the legal responsibility for the satisfaction of eligibility requirements and standards by their assigned public employees; retain and manage registration dossiers of candidates of that professional title rank promotion exam or consideration in accordance with law regulations.”

14. Article 30 is amended as follows:

“Article 30. Assignment and decentralization of professional title rank promotion exam or consideration

1. Exam or consideration for promotion of public employees’ professional titles to senior official-equivalent titles

Ministries managing professional titles of specialized public employees shall play the leading role in organizing professional title rank promotion exam or consideration in accordance with law regulations and upon obtaining opinions about their plans from the Ministry of Home Affairs.

2. Exam or consideration for promotion of public employees’ professional titles to principal official-equivalent titles

Ministries, ministerial agencies, Governmental agencies, or People's Committees provinces or central-affiliated cities shall play the leading role in organizing professional title rank promotion exam or consideration in accordance with law regulations and upon obtaining opinions about their plans from the Ministry of Home Affairs.

3. Exam or consideration for promotion of public employees’ professional titles to export or official-equivalent titles

Ministries, ministerial agencies, Governmental agencies, or People's Committees provinces or central-affiliated cities shall organize or decentralize or authorize agencies/units to organize the professional title rank promotion exam or consideration in accordance with law regulations.

4. Competent agencies of the Communist Party shall prescribe the assignment and decentralization of the organization of exam or consideration for promotion of professional title ranks for public employees in public services units of the Communist Party of Vietnam and socio-political organizations in accordance with law regulations.”

15. Clause 4 is added to Article 38 as follows:

“Article 38. Settlement of job discontinuation

4. The job discontinuation regime shall not be effected in the following cases:

a) A public employee is transferred to another agency, organization or unit in the political system with approval from a competent agency or unit;

b) A public employee is subject to a retirement notice or downsizing decision in accordance with law regulations.”

16. Clause 2, Clause 3 and Clause 6 Article 45 are amended as follows:

“Article 45. Duties and powers of Ministry of Home Affairs

2. Formulate strategies, plans and programs on development of the contingent of public employees; assignment and decentralization in management of public employees; methods for determining working positions and structure of public employees according to professional titles; strategies and plans for training and improvement of public employees; salary regimes; policies for talented persons; regulations on appointment, re-appointment, secondment, resignation, dismissal, commendation, disciplining, termination of public employee contracts, job discontinuation and retirements of public employees, and submit them to the Government and the Prime Minister.

3. Inspect the implementation of standards of public employees’ professional titles; promulgate regulations on organization of recruitment of public employees by exams and selection, and  regulations on organization of professional title rank promotion exam and consideration for public employees; appraise framework programs on retraining based on public employees' professional titles; stipulate the application of official titles to public employees working in administrative, general, office administration, personnel, planning and finance sections and other working positions without holding professional titles and performing professional duties in public service units.

6. Give opinions to ministries, regulatory authorities and local governments about appointment, salary arrangement, pay raise ahead of schedule for public employees holding senior official-equivalent professional titles.”

17. Clause 1, Clause 2, Clause 3 and Clause 4 Article 46 are amended as follows:

“Article 46. Duties and powers of ministries, ministerial agencies, Governmental agencies, organizations other than public service units established by the Government or Prime Minister

1. Manage quantity, standards, recruitment and employment of public employees within their management; make decisions on regular raise of pay and overframe seniority pay of public employees; based on opinions of the Ministry of Home Affairs about the eligibility requirements, make decisions on appointment, salary arrangement and pay raise ahead of schedule for public employees holding senior official-equivalent professional titles; make decisions on appointment, salary arrangement, raise of pay and overframe seniority pay of public employees holding professional titles equivalent to the grade of principal official or lower.

2. Make decisions on list of working positions, structure of public employees according to professional titles and number of public employees as assigned and according to the Communist Party’s guidelines and relevant laws.

3. Organize exams or consideration for promotion of professional titles to senior official-equivalent titles for public employees within their management according to guidance given by Ministries managing professional titles of specialized public employees.

4. Organize or decentralize, authorize the organization of exams or consideration for promotion of professional titles to expert, official-equivalent titles for public employees within their management in accordance with the provisions in Article 30 hereof.”

18. Clause 3, Clause 4 and Point i Clause 5 Article 47 are amended, Point m and Point n are added to Article 47 as follows:

“Article 47. Duties and powers of ministries managing professional titles of specialized public employees

3. Promulgate Circulars stipulating codes, standards of holders of professional titles and salary arrangement for professional titles of public employees in their managing sectors or fields after obtaining the consent from the Ministry of Home Affairs.

4. Organize exams or consideration for promotion of professional titles to senior official-equivalent titles for public employees in accordance with the provisions in Article 30 hereof.

5. Ministries managing professional titles of specialized public employees include:

i) The Ministry of Labor, War Invalids and Social Affairs managing professional titles of public employees specializing in labor and social affairs and vocational training sectors.

m) The Ministry of Transport managing professional titles of public employees specializing in transport sector.

n) The Ministry of Finance managing professional titles of public employees specializing in accounting sector.”

19. Clause 1, Clause 3 and Clause 4 Article 48 are amended as follows:

“Article 48. Duties and powers of people’s committees of provinces and central-affiliated cities

1. Manage quantity, standards, recruitment and employment of public employees within their management; make decisions on regular raise of pay and overframe seniority pay of public employees; based on opinions of the Ministry of Home Affairs about the eligibility requirements, make decisions on appointment, salary arrangement and pay raise ahead of schedule for public employees holding senior official-equivalent professional titles; make decisions on appointment, salary arrangement, raise of pay and overframe seniority pay of public employees holding professional titles equivalent to the grade of principal official or lower.

3. Make decision on list of working positions, structure of public employees according to professional titles and number of public employees as assigned and according to the Communist Party’s guidelines and relevant laws.

4. Organize exams or consideration for promotion of professional titles to senior official-equivalent titles for public employees within their management according to guidance given by Ministries managing professional titles of specialized public employees. Organize or decentralize, authorize the organization of exams or consideration for promotion of professional titles to expert, official-equivalent titles for public employees within their management in accordance with the provisions in Article 30 hereof.”

20. Clause 2 Article 49 is amended as follows:

“Article 49. Duties and powers of public service units

2. In addition to the duties and powers in Clause 1 of this Article, public service units of which both recurrent and investment expenditures are covered by themselves, and those of which recurrent expenditures are covered by themselves shall also:

a) make decision on list of working positions, structure of public employees according to professional titles and number of public employees according to the Communist Party’s guidelines and relevant laws;

b) organize professional title rank promotion exams or consideration in accordance with law regulations;

c) make decisions on appointment of public employees to attend overseas seminars, meetings, surveys and/or experiential learning trips as decentralized”.

Article 3. Amendments to Government’s Decree No. 68/2000/ND-CP dated November 17, 2000 stipulating conclusion of contracts for performance of tasks of administrative agencies and public service units

1. Clause 6 Article 1 is amended as follows:

“6. Other tasks as assigned requiring an intermediate education diploma or lower.”

2. Clause 1 Article 2 is amended as follows:

“1. Administrative agencies at central level; of provinces and central-affiliated cities (hereinafter referred to as “provincial level”); of rural/urban districts, district-level towns, cities affiliated to provinces or central-affiliated cities (hereinafter referred to as “district level”).”

3. Article 3 is amended as follows:

“Article 3. Tasks performed without signing contracts in administrative agencies and public service units

1. Conclusion of employment contracts with the following persons shall not be performed:

a) Persons performing professional tasks at working positions of officials at administrative agencies or public employees at public service units of which recurrent expenditure is entirely or partially funded by the State.

b) Security guards at the following agencies/units: Office of the Government, cash vaults or stores of written records valuable as cash of the State Bank of Vietnam, State Treasury, written tax records store and written customs records store.

c) Drivers of armored vehicles used for transporting money of State Bank of Vietnam and State Treasury.

2. Eligibility requirements, contents and form of recruitment in the cases prescribed in Point b and Point c Clause 1 of this Article shall be decided by the head of the relevant authority competent to perform recruitment."

4. Clause 2 Article 6 is amended as follows:

“2. Conditions and power to sign employment contracts of administrative agencies and public service units:

a) Conditions for signing employment contracts

Administrative agencies and public service units have demands for recruiting persons to perform the tasks in Article 1 hereof in conformity with their approved working positions.

b) Power to sign employment contracts

For administrative agencies: Heads of administrative agencies that are provided with payroll and funding derived from state budget shall have the power to sign employment contracts. If these competent persons cannot directly sign employment contracts with employees, they may authorize heads of their affiliated agencies/units in writing to sign employment contracts.

For public service units:  Heads of public service units that use contractual employees shall have the power to sign employment contracts.”

5. Article 7 is amended as follows:

“Article 7. Funding

1. Funding for executing contracts for performing the tasks in Article 1 hereof in administrative agencies shall be covered by the state budget and included in their annual estimates of recurrent expenditures, excluding salary funds, in accordance with law regulations.

2. Funding for executing contracts for performing the tasks in Article 1 hereof in public service units shall be covered by their annual financial sources, excluding salary funds, in accordance with law regulations.”

Article 4. Effect

1. This Decree comes into force from January 15, 2019.

2. Schemes and plans for recruitment of public officials and public employees, paygrade advancement exams for officials, professional title rank promotion exams or consideration for public employees approved before the effective date of this Decree shall remain valid for 06 months from the effective date of this Decree. If the tasks of such schemes/plans are still not yet completed within the abovementioned period, they shall be performed in accordance with this Decree.

Article 5. Implementation organization and responsibility for implementation

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of organizations, other than public service units, established by the Government or the Prime Minister, Chairpersons of the People’s Committees of provinces and central-affiliated cities shall direct heads of agencies, organizations and units under their management to comply with the provisions herein and relevant laws when recruiting, using and managing public officials and public employees and signing contracts for performing some tasks in administrative agencies and public service units. In case of violations, relevant decisions/documents shall be abrogated and violating entities shall face penalties in accordance with the guidelines of the Communist Party and relevant laws.

2. Ministers, heads of ministerial-level agencies, heads of the Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and relevant agencies, organizations, units and individuals shall be responsible for the implementation of this Decree./.

APPENDIX

RECRUITMENT REGISTRATION FORM
(Enclosed with the Government’s Decree No. 161/2018/ND-CP dated November 29, 2018)

SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
---------------

…………………...............[place], ……....................[date]

I. PERSONAL PARTICULARS 

II. TRAINING PARTICULARS

III. EXEMPTION FROM FOREIGN LANGUAGE/INFORMATICS EXAMS

(If a candidate is eligible for being exempted from the foreign language or informatics exam, grounds for such exemption shall be indicated in this item)

Exemption from foreign language exam: ……………………………………………………………………………

Exemption from informatics exam: ………………………………………………………………………………..

IV. REGISTRATION FOR FOREIGN LANGUAGE EXAM

(The candidate shall select and specify one of the following languages, English, French, Russian, Chinese, German or another foreign language according to the working position applied for. A candidate who is eligible to be exempted from the foreign language exam shall not be required to complete this item).

Registered foreign language: ………………………………………………………………………..

V. PRIORITY STATUS (if any)

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

I undertake that all statements provided herein are accurate.  I will submit a complete registration dossier upon receipt of a written recruitment notice as prescribed. If any statement provided herein is found inaccurate, my recruitment results will be canceled by the recruiting agency and I shall assume the legal responsibility therefor and shall not register for the following recruitment./.

Notes:

(1) The working position applied for shall be specified;

(2) Name of the recruiting agency shall be specified;

(3) The candidate shall mark “X” in the corresponding square.

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