Circular No. 03/2008/TT-BNV guiding the examination for promotion without examination for officials, civil servants, and public employees who have received retirement notice

CIRCULAR

Guidelines for implementing the examination and promotion to higher rank without examination for officials, civil servants, and public employees who have been notified of retirement

On the basis of Clause 3, Article 27 of Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of officials and civil servants in state-owned units;
On the basis of Article 23 of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of officials and civil servants in state agencies;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
To implement the opinion of the Prime Minister in Circular No. 1039/VPCP-TCCB dated February 19, 2008 of the Government Office, the Ministry of Home Affairs guides the implementation of the examination and promotion to higher rank without examination for officials, civil servants, and public employees with outstanding achievements and contributions during their service period, participating in work before April 30, 1975, and who have been notified of retirement as follows:

I. OBJECTS AND SCOPE

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

Officials, civil servants, and public employees (including elected officials classified under the civil servant salary scale) with long-term dedication, excellent performance, who have been notified of retirement and are currently receiving the highest grade or the highest grade plus seniority allowance exceeding the ceiling at the specialist rank and equivalent (group A1), the senior specialist rank and equivalent (group A2) as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for officials, civil servants, public employees, and armed forces.

2. Scope of application

The implementation of promotion to higher rank for officials, civil servants, and public employees mentioned in Clause 1, Section I of this Circular shall be applied in the following agencies, organizations, and units:

- State agencies from provincial level upwards;

- State-owned units;

- Associations and non-governmental organizations assigned personnel quotas by the State.

3. Subjects not applicable

a) Appointment of Judges, Prosecutors, Auditors, Professors, Associate Professors, and examination and transfer of civil servants and public employees from Class B, Class C to Class A (including group Ao or A1) and from Class C to Class B shall be carried out in accordance with the provisions of other relevant legal documents.

b) Officials, civil servants, and public employees who have retired and are receiving pension benefits.

c) Officials, civil servants, and public employees who have been promoted to a higher grade early to retire.

II. PRINCIPLES AND STANDARDS, CONDITIONS FOR PROMOTION TO HIGHER RANK

1. Principles for promotion to higher rank

a) Ensuring transparency, democracy, clarity, and fairness;

b) Only implemented for ranks within the same professional field and only applicable to promotion to the next higher rank;

c) Not combining promotion to higher rank with promotion to a higher grade.

2. Standards and conditions for promotion to higher rank

Officials, civil servants, and public employees specified in Clause 1, Section I of this Circular shall be eligible for promotion to higher rank if they meet the following standards and conditions:

a) Long-term dedication to the revolutionary cause, having worked continuously in state agencies, Party organizations, mass organizations, and armed forces (including volunteer youth) since before April 30, 1975;

b) Consistently performing well in assigned tasks and duties throughout their career; not being disciplined with any form of punishment in the last ten years prior to retirement notification;

c) Having been notified of retirement in accordance with Decree No. 143/2007/NĐ-CP dated September 10, 2007 of the Government on procedures for implementing retirement for officials and civil servants meeting retirement criteria;

d) Regarding educational qualifications:

- For civil servant ranks, must hold a bachelor's degree or higher;

- For public employee ranks, must meet the educational requirements specified in the job title and rank standards;

đ) Currently receiving the highest grade or the highest grade plus seniority allowance exceeding the ceiling at the current held rank.

III. DOCUMENTATION, PROCEDURES, AND AUTHORITY FOR PROMOTION TO HIGHER RANK

1. Documentation for promotion to higher rank includes:

a) Application for promotion to higher rank by officials, civil servants, and public employees (detailing work history; achievements and contributions in fulfilling assigned tasks and duties);

b) Evaluation of work history by the head of the agency directly employing the official, civil servant, or public employee (confirmed that there was no disciplinary action from reprimand up to dismissal in the last ten years prior to retirement notification);

c) Official letter requesting examination and promotion to higher rank for officials, civil servants, and public employees by the head of the employing agency or unit (detailing full name, date of birth, position, job title, current working agency or unit, start date of employment in state agencies or units, current held civil servant or public employee rank, time holding the highest grade in the rank or percentage of seniority allowance exceeding the ceiling currently received, proposed rank and grade for appointment and salary assignment);

d) Summary of curriculum vitae, salary progression, and copy of the most recent salary decision.

đ) Copy of bachelor's or postgraduate degree certificate; related diplomas and certificates; retirement notification of officials, civil servants, and public employees.

2. Procedures for promotion to higher rank: Based on the application for examination and promotion to higher rank of officials, civil servants, and public employees, the head of the employing agency or unit shall submit a written request (with attached documentation for promotion) to the competent authority managing officials, civil servants, and public employees for review (Department of Cadre and Civil Service Organization for Ministries or Departments or Department of Home Affairs for Provincial People's Committees).

3. Authority to examine and decide on promotion to higher rank

a) Regarding appointment to the senior specialist rank and equivalent:

- For state agencies: Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees (hereinafter referred to collectively as Ministries, Departments, and localities) shall base their decisions on the promotion dossier, and if they agree with the employing agency's recommendation, issue a decision to appoint to the senior specialist rank or equivalent and assign salary according to the current classification.

- For public service units: The agency or unit authorized to appoint the rank of specialized civil servant equivalent to the rank of Senior Officer shall base its decision on the file for promotion to a higher rank. If it agrees with the proposal of the employing agency or unit, it shall report in writing to the Ministry, sector, and locality for consideration and agreement. Subsequently, the agency or unit authorized to appoint shall issue a decision on the appointment of the rank and salary adjustment for the civil servant who has been promoted.

b) Regarding the appointment of the rank of Senior Specialist and equivalent: The agency or unit authorized to manage cadres, civil servants, and specialized civil servants shall submit a written request (with attached files) to the Ministry of Home Affairs for examination and decision.

IV. IMPLEMENTATION

1. The head of the agency or unit using and managing cadres, civil servants, and specialized civil servants shall be responsible for implementing the principles, standards, conditions, procedures, and formalities for examining and deciding on promotion to a higher rank for cadres, civil servants, and specialized civil servants who have received retirement notice according to the guidelines set forth in this Circular.

2. The head of the agency or unit authorized to manage cadres, civil servants, and specialized civil servants shall be responsible for checking and resolving, within their authority, any difficulties, complaints, or accusations regarding the examination for promotion to a higher rank for cadres, civil servants, and specialized civil servants who have received retirement notice in accordance with the laws on complaints and accusations.

3. The heads of Ministries, sectors, and localities shall be responsible for reporting to the Ministry of Home Affairs by December each year on the results of the examination for promotion to a higher rank for cadres, civil servants, and specialized civil servants under their management according to the guidelines set forth in this Circular.

4. The Ministry of Home Affairs shall inspect the promotion to a higher rank at Ministries, sectors, and localities as stipulated in this Circular; require Ministries, sectors, and localities to revoke decisions on promotion to a higher rank for cadres, civil servants, and specialized civil servants that violate the provisions of this Circular and bear responsibility for the consequences resulting from issuing such decisions contrary to regulations.

5. The Vietnam Social Security shall direct the Provincial Social Security to implement social insurance collection and calculate social insurance benefits for cadres, civil servants, and specialized civil servants who have been promoted and assigned salaries in accordance with the regulations. If violations in promotion to a higher rank and salary assignment are discovered, the Director of the Provincial Social Security shall submit a written report to the Vietnam Social Security so that the Vietnam Social Security may request the competent authority managing cadres, civil servants, and specialized civil servants to comply with the prescribed system, after which social insurance benefits for cadres, civil servants, and specialized civil servants will be processed (while sending one copy to the Ministry of Home Affairs for monitoring).

V. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. The effective date of the new rank salary and the basis for calculating pension salary for cadres, civil servants, and specialized civil servants promoted according to the guidelines set forth in this Circular shall be specified in the appointment decision but not earlier than the date of the retirement notice issued in accordance with Article 6 of Decree No. 143/2007/NĐ-CP dated September 10, 2007 of the Government on the procedures for implementing retirement for cadres and civil servants meeting retirement conditions. The classification level and salary coefficient in the new rank shall be implemented according to the guidelines set forth in Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs guiding the assignment of salary when promoting to a higher rank, transferring to another rank, and changing the type of cadre, civil servant, and specialized civil servant.

3. Cadres, civil servants, and specialized civil servants working in agencies and units of political organizations and political-social organizations who have received retirement notices, currently holding the highest classification level or receiving seniority allowances exceeding the ceiling in their current rank, shall follow the guidelines of the Central Organization Department of the Communist Party of Vietnam for the examination of promotion to a higher rank.

4. During implementation, if there are any difficulties, please reflect them to the Ministry of Home Affairs for research and resolution./.