Chapter 1.
RECRUITMENT OF PUBLIC EMPLOYEES
Article 1. Conditions for registration for public employee recruitment
1. Conditions for registration for public employee recruitment prescribed in Article 22 of the Law on public employees and Article 4 of Decree No. 29/2012/ND-CP dated April 12, 2012 of the Government on recruitment, employment and management of public employees (hereinafter referred to as Decree No. 29/2012/ND-CP).
2. Regarding recruitment in a public service provider in terms of culture, arts, physical training or sports, an applicant whose age is from 15 years of age to under 18 years of age is accepted provided that his/her legal representative gives a written consent.
Article 2. Application for registration for public employee recruitment
Each application for registration for public employee recruitment includes:
1. An application form for registration of public employee recruitment using the form No. 1 issued herewith;
2. A resume certified by a competent authority remaining valid for 6 months or longer from the date of submission;
3. Copies of degrees, certificate and study outcome as request of the vacancy certified by a competent authority. The degrees issued by foreign training institutions must be translated into Vietnamese by a notary;
4. A valid certificate of health issued by a qualified health facility prescribed in Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health on guidelines for check-ups;
5. A document certifying the employee in priority in public employee recruitment (if any) by a competent authority.
Article 3. Notification of recruitment
1. Each notification of recruitment of an agency or organization competent to recruit public employees (hereinafter referred to as recruitment agency) must be posted at least 1 time by any of means of mass media (printed, audio and video news) where its head office is located; be posted on the website of the competent agency of organization (if any) and be posted publicly at the head office of the competent agency or organization by the deadline for application submission prescribed in Clause 2 of Article 15 of Decree No. 29/2012/ND-CP.
2. Contents of notification of recruitment include:
a) Standards and conditions for recruitment registration;
b) Number of vacancies and corresponding positions;
c) Contents of the application, deadline and place of submission, contact phone number;
d) Forms, contents, time, place and fees for examination and selection as prescribed.
3. Within 15 days, from the deadline for application submission prescribed in Clause 2 Article 15 of Decree No. 29/2012/ND-CP, the head of the recruitment agency shall decide establishing a recruitment council to carry out the examination or selection.
Article 4. Exam subjects and duration of exam subjects in the examination of public employee recruitment
1. The public employee recruitment shall be carried out with the exam subjects and duration as follows:
a) General knowledge exam: Written exam in 120 minutes;
b) Professional knowledge and skill exam, including 2 part as follows:
- Written exam in 180 minutes or multiple-choice exam in 30 minutes;
- Practice exam. The time of practice shall be decided by the head of the recruitment agency according to the nature and characteristics of the professional field and requirements of the vacancy;
c) Foreign language exam: Written exam in 60 minutes (if required);
d) Office informatics exam: Practice exam on computer or multiple-choice exam in 30 minutes (if required).
2. If the vacancy requires professional knowledge in foreign language or information technology, the duration of the exam shall be decided by the head of the recruitment agency according to the requirements of the vacancy.
3. If the vacancy requires use of an ethnic minority's language, the subject of foreign language shall be replaced with the subject of ethnic minority's language. The duration of the ethnic minority's language shall be decided by the head of the recruitment agency according to the characteristics of the career field and requirements of the vacancy.
Article 5. Contents of professional exam
The contents of professional exam in the examination of public employee recruitment shall be prescribed according to the requirements pertaining to standard professional positions corresponding to the vacancy.
In the same examination, if there are vacancies requiring different qualifications and professional knowledge, the recruitment agency shall make different exams conformable with the vacancies.
Article 6. Recruitment decision
1. Within 15 days, from the date on which the recruitment decision is approved, the head of the recruitment agency must send the recruitment decision to the successful candidate by post at his/her registered address and post it publicly on the website of the recruitment agency (if any).
2. The successful candidate of the public employee recruitment must come to the recruitment agency to conclude the labor contract and receive his/her job before the deadline prescribed in Clause 1 Article 19 of Decree No. 29/2012/ND-CP.
3. If the recruitment decision of the successful candidate is cancelled, the head of the recruitment agency shall decide to recruit the candidate ranked after the rejected candidate provided that such persons meets all requirements prescribed in Clause 1 and Clause 2 Article 10 of Decree No. 29/2012/ND-CP (for examination) or prescribed in Clause 1 and Clause 2 Article 13 of Decree No. 29/2012/ND-CP (for selection).
If there are at least 2 candidates both ranked after the rejected candidate, the head of the recruitment agency shall organize a direct interview for them to decide the successful candidate as prescribed in Clause 3 Article 10 of Decree No. 29/2012/ND-CP (for examination) or prescribed in Clause 3 Article 11 of Decree No. 29/2012/ND-CP (for selection).
Article 7. Exceptional selection for recruitment
1. Based on the work need, the head of each recruitment agency may make exceptional recruitment selection not according to the procedures for public employee recruitment specified in Articles 15, 16 and 17 of Decree No. 29/2012/ND-CP for any of the following candidates:
a) The person who has working experience prescribed in Point a Clause 1 Article 14 of Decree No. 29/2012/ND-CP for and concurrently works in the professional sector or field corresponding to the vacancy; has a continuous period of 36 months or longer over which he/she performs works or tasks requiring qualifications, ability, professional skills and knowledge that match with the vacancy (excluding his/her period of probation); has not be disciplined or liable to criminal prosecution and is considered to fulfill his/her assignments; and satisfies the requirements of the vacancy immediately.
b) The person who holds a Bachelor’s degree with distinction or a master or doctoral degree prescribed in Point b Clause 1 Article 14 of Decree No. 29/2012/ND-CP in a training discipline relevant to the vacancy; or works in the sector or field corresponding to the vacancy if he/she has working experience after graduation, has not be disciplined or liable to criminal prosecution and is considered to fulfill his/her assignments;
c) The talented person or the person with special gifts prescribed in Point c Clause 1 Article 14 of Decree No. 29/2012/ND-CP, who has degree(s), certificate(s), or practice certificate(s) or for working positions in the sectors of culture, arts, physical training and sports and traditional trades or occupations.
2. The Bachelor’s degree with distinction shall be determined according to the rank mentioned in the degree; if the degree has no rank, the recruitment agency shall send a report on the study outcome of the entire course and the results of graduation thesis of the candidate to the public service provider for consideration. Within 15 working days, from the date on which the report is received, the public service provider shall send reply.
Article 8. Council of exceptional recruitment selection
The head of the recruitment agency shall establish a council of exceptional recruitment selection (hereinafter referred to as the council). The council shall include 5 or 7 members, in particular:
1. If the public service provider has competence to recruit public employees:
a) A council president being the head or deputy head of the public service providers;
b) A member being the person in charge of personnel of the public service provider;
c) A member being the head or the deputy head of the department or division in which the vacancy need to be filled
d) The rest of members being person having professional knowledge and skills related to the vacancy decided by the head of the public service provider.
A council secretary appointed by the council president from the council members.
2. If the public service employer has no competence to recruit public employees:
a) A council president appointed by the head of the recruitment agency;
b) A member being the head or deputy head of the public service provider;
c) A member being the representative of the personnel department of the recruitment agency;
d) The rest of members being person having professional knowledge and skills related to the vacancy decided by the head of the recruitment agency.
A council secretary appointed by the council president from the council members.
3. Tasks and entitlement of the council:
a) Inspect requirements and qualifications of candidates according to the standard professional positions corresponding to the vacancies and specific requirements required by the public service provider;
b) Organize examinations in the form of interview or practice relating to general knowledge, education, and professional ability of candidates eligible for exceptional recruitment selection. The form and contents of the examinations shall be decided by the council according to the requirements of the vacancies, reported to the head of the recruitment agency for consideration before the examination organization;
c) The council shall work on the principle of collectives, majority votes and self-dissolution upon the task fulfillment.
Article 9. Application and procedures for exceptional recruitment selection
1. An application for exceptional recruitment selection includes:
a) An application form for registration of public employee recruitment using the form No. 1 issued herewith;
b) A resume certified by a competent authority remaining valid for 6 months from the date of submission;
c) Copies of degrees, certificate and study outcome as request of the vacancy certified by a competent authority. The degrees issued by foreign training institutions must be translated into Vietnamese by a notary;
d) A valid certificate of health issued by a qualified health facility prescribed in Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health on guidelines for check-ups;
dd) A self-evaluation of the candidate recommended for exceptional recruitment selection in terms of political credentials, ethics, education and professional ability, working experience and commendation (if any); a recommendation issued by the head of the agency, organization or unit where he/she works regarding the case prescribed in Point a Clause 1 Article 14 of Decree No. 29/2012/ND-CP.
2. The head of the recruitment agency shall request the head of an authority competent to manage public employees in writing to accept the exceptional recruitment selection. The written request must bear the signature of the head or the deputy head of the recruited, which clarifies the vacancy and a meeting minutes of the council and qualified applications.
3. Department (Board) of personnel affiliated to Ministries, ministerial-level agencies, Governmental agencies or Services of Home affairs of central-affiliated cities and provinces (hereinafter referred to as provinces) must assess the exceptional recruitment selection before the head of the authority competent to manage public employees accept the exceptional recruitment selection.
4. Within 20 working days, from the date on which the request is received, the head of the authority competent to manage public employees shall direct the assessment organization and send reply; if there is no reply after the prescribed deadline, it is deemed consent. If the application is not adequate, within 5 working days, from the date on which the request is received, the head of the authority competent to manage public employees shall request the recruitment agency to complete the application as prescribed.
5. The authority competent to manage public employees must send reports on results of exceptional recruitment selection to the Ministry of Home Affairs every June 30 and December 31 for monitoring and inspection as prescribed.
Article 10. Probation exemption
1. Each successful candidate meeting all following requirements shall be exempt from probation:
a) He/she has working experience in the field related to the vacancy and has paid compulsory social insurance for 12 months or longer;
b) During the period prescribed in Point a Clause 1 of this Article, he/she has performed tasks in conformity with the vacancy's requirements.
2. Any successful candidate having paid compulsory social insurance but not meeting all requirements prescribed in Clause 1 of this Article must participate in a probationary period.
3. The working experience’s period over which the compulsory social insurance is paid by the successful candidate who has performed tasks in conformity with the vacancy's requirements (if any) shall be included in the period for which the salary increment shall be considered in the next appointment and salary review corresponding to professional titles.
Tìm kiếm
Thông tư 15/2012/TT-BNV do Bộ trưởng Bộ Nội vụ ban hành (Bản Word)
Thông tư 15/2012/TT-BNV do Bộ trưởng Bộ Nội vụ ban hành (Bản Pdf)