Circular No. 03/2019/TT-BNV Amending and Supplementing Certain Provisions on Recruitment of Civil Servants and Public Officials, Promotion of Civil Servant Ranks, Advancement of Public Official Career Levels, and Implementation of Employment Contracts for Certain Types of Work in Administrative State Agencies and Publicly Funded Organizations

CIRCULAR

Amending and supplementing certain provisions on the recruitment of civil servants and public officials, promotion of civil servants' ranks, upgrading of public officials' occupational titles, and implementation of employment contracts for certain types of work in state administrative agencies and public service units.

Decree No. 1Decision No. 61/2018/ND-CP dated November 29, 2018 of the Government amending and supplementing certain provisions on the recruitment of civil servants and public officials, promotion of civil servants' ranks, upgrading of public officials' occupational titles, and implementation of employment contracts for certain types of work in state administrative agencies and public service units.t Tp;

Pursuant to Decision No. 34/2017/ND-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;urights and organizational structure of the Ministry of Home Affairs;

At the request of the Director of the Civil Servant and Public Official Department;

The Minister of Home Affairs issues this Circular amending and supplementing certain articles on the recruitment of civil servants and public officials, promotion of civil servants' ranks, upgrading of public officials' occupational titles, and implementation of employment contracts for certain types of work in state administrative agencies and public service units of Circular No. 13/2010/TT-BNV dated December 30, 2010 of the Minister of Home Affairs detailing certain provisions on the recruitment and promotion of civil servants under Decision No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants; Circular No. 12/2012/TT-BNV dated December 18, 2012 of the Minister of Home Affairs on occupational titles and changes in occupational titles for public officials; Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Minister of Home Affairs guiding on recruitment, conclusion of employment contracts, and compensation for training costs for public officials; Circular No. 15/2000/TT-BTCCBCP dated April 11, 2001 of the Minister, Head of the Organizational - Cadre Department of the Government (now the Minister of Home Affairs) guiding the implementation of Decision No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on the implementation of employment contracts for certain types of work in state administrative agencies and public service units.intention signing employment contracts and compensating training costs for public officials; Circular No. 15/20001Decision No. 11/2001/TT-BTCCBCP dated April 11, 2001, of the Minister, Head of the Civil Service Personnel Department under the Government (now the Minister of Home Affairs), guiding the implementation of Decree No. 68/2000/NĐ-CP dated November 17, 2000, of the Government on implementing the contract system for certain types of work in administrative agencies and public service units.

Article 1. Amending and supplementing certain articles of Circular No. 13/2010/TT-BNV dated December 30, 2010 of the Minister of Home Affairs detailing certain provisions on the recruitment and promotion of civil servants under Decision No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants.

1. Clause 4 shall be amended and supplemented as follows:

"Article 4. Organization of competitive examinations and selection for civil servant positions

1. The organization of competitive examinations and selection for civil servant positions shall be carried out in accordance with the Regulations and Internal Rules attached to this Circular.

2. In cases where Ministries, ministerial-level agencies, and government agencies need to make specific regulations regarding the content and form of competitive examinations and selections for civil servant positions that are more detailed than those stipulated in Decision No. 24/2010/NĐ-CP and Decision No. 161/2018/NĐ-CP due to the requirements of their respective sectors or fields of management, they must reach a consensus with the Ministry of Home Affairs before implementing such regulations."

2. Article 6 is amended and supplemented as follows:

"Article 6. Announcement of Recruitment

1. The announcement of recruitment by the competent authority for the recruitment of civil servants must be published on one of the mass media outlets such as print newspapers, online newspapers, radio, television; simultaneously posted on the website or electronic portal, and publicly displayed at the workplace of the competent authority for the recruitment of civil servants.

2. The contents of the recruitment announcement include:

a) Standards and conditions for registration to participate in the recruitment;

b) The number of civil servants needed corresponding to job positions;

c) The deadline and location for receiving Application Forms from applicants; mobile phone number or landline telephone number of the department responsible for receiving Application Forms;

d) The form and content of the competitive examination or selection; time and location of the competitive examination or selection.

3. When there are changes to the contents of the recruitment announcement, the competent authority for the recruitment of civil servants must publicly announce the supplementary recruitment announcement according to the provisions of Clause 1 of this Article."

3. Article 10 shall be amended and supplemented as follows:

"Article 10. Acceptance of special cases in the recruitment of civil servants

1. Cases where individuals hold a bachelor's degree or higher and have at least five years of work experience in positions requiring a bachelor's degree or higher education as stipulated in Article 19 of Decision No. 24/2010/NĐ-CP amended and supplemented in Clause 11 of Article 1 of Decision No. 161/2018/NĐ-CP, including:

a) Public officials in public service units who have worked as public officials for at least five years (60 months) since the date of being recruited as public officials (excluding the probationary period);

b) Individuals receiving salaries in the armed forces (military, police) or working in confidential services, who have worked for at least five years (60 months) in the armed forces (military, police) or in confidential services, starting from the date of the decision to officially recruit them into the military, police, or organizations within the confidential services;

c) Individuals currently holding positions (Chairman of the Board of Members, Chairman of the company, Member of the Board of Members, Supervisor, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant) in a limited liability company wholly owned by the State or appointed to hold management positions (Chairman of the Board of Directors, Chairman of the Board of Members, Member of the Board of Directors, General Director, Deputy General Director, Director, Deputy Director) in companies where the State holds over 50% of the capital, having worked for at least five years (60 months) with mandatory social insurance contributions, excluding the probationary period.

2. Cases where individuals were cadres or civil servants at the district level or above and subsequently were approved by the competent authority to be transferred or rotated (not included in the settlement of termination of employment) to work in public service units, armed forces, confidential services, political-social-professional organizations, social organizations, social-professional organizations, or appointed to hold positions in a limited liability company wholly owned by the State or appointed to hold management positions in companies where the State holds over 50% of the capital."

3. In the case where civil servants are accepted for appointment to leadership and management positions at the department level or higher, the process of accepting civil servants without examination shall be carried out simultaneously with the process regarding the work of appointing civil servants to leadership and management positions:

a) Where the authority responsible for recruitment is also the authority responsible for appointment, the process of accepting civil servants without examination shall be carried out simultaneously with the process regarding the work of appointing civil servants to leadership and management positions;

b) Where the authority responsible for recruitment is not the authority responsible for appointment, the recruitment authority shall examine the criteria and conditions for accepting civil servants without examination, and then issue a document to the authority responsible for appointment to consider the acceptance and appointment within its jurisdiction.

4. The dossier of the person proposed for acceptance as a civil servant without examination shall be implemented according to the regulations on the dossier of civil servants.

4. Article 11 shall be amended and supplemented as follows:

"Article 11. XThe classification and salary grade for cases that have worked with mandatory social insurance contributions when recruitednationalare as follows:

1. The classification and salary grade for cases that have worked with mandatory social insurance contributions when recruited shall be implemented in accordance with the provisions of Circular No. 79/2005/TT-BNV dated August 10, 2005 issued by the Minister of Home Affairs guiding the adjustment of salary grades for cadres, civil servants, and public officials when changing jobs and other cases of transfer from military forces, cryptologic services, and state-owned enterprises to work in state agencies and public institutions (hereinafter referred to as Circular No. 79/2005/TT-BNV); Circular No. 13/2018/TT-BNV dated October 9, 2018 issued by the Minister of Home Affairs amending Clause 8 Section III of Circular No. 79/2005/TT-BNV; Circular No. 02/2007/TT-BNV dated May 25, 2007 issued by the Minister of Home Affairs guiding the classification and salary grade adjustment when upgrading, transferring, or changing types of civil servants and public officials, and other related documents.

2. The civil service management agency shall decide within its authority or report to the competent authority for comments before deciding on the classification and salary grade for cases that have worked with mandatory social insurance contributions when recruited in accordance with the law.

5. Clause 2 Article 14 is amended and supplemented, and Clause 3 Article 14 is added as follows:

"Article 14. Principles for organizing examinations to upgrade civil servant classifications

2. Based on the number of upgraded classification quotas specified in point b clause 1 of this Article, the authority managing civil servants may select the number of civil servants who meet all the examination criteria and conditions for upgrading their classifications without limiting the number of civil servants selected to take the examination.

3. The organization of examinations to upgrade civil servant classifications shall be conducted in accordance with the Regulations and Internal Rules attached to this Circular."

6. Article 15 is amended and supplemented as follows:

“Article 15. Drafting the Examination Plan for Upgrading Civil Servant Classifications

The authority organizing examinations to upgrade civil servant classifications must draft an Examination Plan for Upgrading Civil Servant Classifications, submit it to the Ministry of Home Affairs or the Central Organization Commission for comments before organizing the examination according to its authority. The plan includes the following contents:

1. Report on the current number and structure of specialized civil servant classifications of agencies, organizations, and units under its management;

2. The number of civil servants required for the classification being examined based on job position requirements;

3. List of civil servants who meet the criteria and conditions to be selected to take the examination for upgrading their classifications;

4. Objectives, criteria, conditions, and dossier of candidates registering for the examination; content, form, and time of the examination;

5. Proposed members of the examination board;

6. Proposed time, location, and other contents for organizing the examination."

7. Clause 1 Article 18 is amended and supplemented as follows:

"Article 18. Appointment of Classification and Salary Adjustment for Successfully Examined Civil Servants

1. Based on the notification of the authority organizing examinations to upgrade civil servant classifications, the appointment of classification and salary adjustment for successfully examined civil servants shall be carried out as follows:

a) For examinations to upgrade to Cadre, Officer, Senior Officer, or equivalent:

The head of the civil service management agency decides or delegates the decision on the appointment of classification and salary adjustment for successfully examined civil servants.

b) For examinations to upgrade to Senior Officer or equivalent:

The head of the civil service management agency decides on the appointment of classification and salary adjustment for successfully examined civil servants after obtaining comments on the conditions and criteria as stipulated by the Ministry of Home Affairs (for civil servants in state agencies and public institutions of the State) or the Central Organization Commission (for civil servants in Party and political-social organizations' agencies and public institutions)."

Article 2. Amending and supplementing some articles of Circular No. 12/2012/TT-BNV dated December 18, 2012, issued by the Minister of Home Affairs, regarding job titles and changing job titles for civil servants.

1. Point a Clause 1 Article 6 shall be amended and supplemented as follows:

"Article 6. Examination for transfer to another job title

1. The examination for transferring from this job title to another job title of the same grade for civil servants must ensure the following conditions:

a) The civil servant is assigned to a new position requiring a different job title of the same grade or having the same educational qualification requirements as the current job title."

4. Having been awarded the title "Outstanding Artist" and subsequently meeting one of the following criteria:

"Article 8. Basis for organizing promotion examinations for job titles

1. Based on the nature, characteristics of professional activities and specific conditions of the unit, sector, or field of public service activities, agencies and units authorized to organize examinations or promotions according to Article 30 of Decree No. 29/2012/NĐ-CP amended and supplemented at Clause 14 Article 2 of Decree No. 161/2018/NĐ-CP shall decide the form of examination or promotion for civil servants under their management authority.

2. The examination or promotion for job titles of civil servants shall be based on:

a) The list, number of positions, and structure of civil servants by job titles approved by the competent authority;

b) The number of civil servants required for the job titles still lacking according to the requirements of the positions;

c) Public institutions with the need to promote job titles of civil servants;

d) Standards and conditions of the job titles registered for examination or promotion."

3. Article 12 shall be amended and supplemented as follows:

"Article 12. Organizing examinations or promotions for job titles

1. When organizing examinations or promotions for job titles of civil servants, the agency or unit authorized to organize examinations or promotions must develop an Examination or Promotion Plan. The plan includes the following contents:

a) Report on the quantity and structure of civil servants by job titles currently held by agencies, organizations, and units within the scope of management;

b) The number of civil servants required for the job titles still lacking according to the requirements of the positions;

c) List of civil servants meeting the standards and conditions to be nominated for examination or promotion of job titles;

d) Objectives, standards, conditions, and application forms of those registering for examination or promotion of job titles; content, form of examination or promotion of job titles, examination time;

đ) Proposed members to participate in the Examination or Promotion Board;

e) Proposed time, location, and other contents to organize the examination or promotion of job titles.

2. The organization of examinations or promotions for job titles equivalent to Senior Specialist, Specialist, Officer, and Staff shall be carried out as follows:

a) Job titles of civil servants equivalent to Senior Specialist include job titles of type A3 (groups A3.1 and A3.2) in Table 3 - Table of salaries for professional and technical staff in state-run public institutions issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004, of the Government on salary systems for cadres, civil servants, and armed forces personnel (hereinafter referred to as Decree No. 204/2004/NĐ-CP) and Decree No. 17/2013/NĐ-CP dated February 19, 2013, of the Government amending and supplementing certain provisions of Decree No. 204/2004/NĐ-CP (hereinafter referred to as Decree No. 17/2013/NĐ-CP):

After receiving comments from the Ministry of Home Affairs on the content of the Examination or Promotion Plan for job titles, the head of the ministry managing the job titles of specialized civil servants establishes the Examination or Promotion Board; organizes examinations or promotions for civil servants in accordance with the law.

b) Job titles of civil servants equivalent to Specialist include job titles of type A2 (groups A2.1 and A2.2) in Table 3 - Table of salaries for professional and technical staff in state-run public institutions issued together with Decree No. 204/2004/NĐ-CP and Decree No. 17/2013/NĐ-CP:

After receiving comments from the Ministry of Home Affairs on the content of the Examination or Promotion Plan for job titles, the heads of ministries, ministerial-level agencies, government agencies; Chairmen of provincial people's committees directly under the central government establish the Examination or Promotion Board; organize examinations or promotions for civil servants in accordance with the law.

c) Job titles of civil servants equivalent to Officer (job titles of type A1 in Table 3 - Table of salaries for professional and technical staff in state-run public institutions issued together with Decree No. 204/2004/NĐ-CP and Decree No. 17/2013/NĐ-CP); job titles of civil servants equivalent to Staff (job titles of type A0 in Table 3 - Table of salaries for professional and technical staff in state-run public institutions issued together with Decree No. 204/2004/NĐ-CP and Decree No. 17/2013/NĐ-CP):

Based on the delegation of authority to organize examinations or promotions for job titles of civil servants according to Article 30 of Decree No. 29/2012/NĐ-CP amended and supplemented at Clause 14 Article 2 of Decree No. 161/2018/NĐ-CP, the heads of agencies or units authorized to organize examinations or promotions for job titles establish the Examination or Promotion Board; organize examinations or promotions for civil servants in accordance with the law."

4. Article 13 shall be amended and supplemented as follows:

"Article 13. Examination or Promotion Board

1. The Examination Board or the Promotion Board for Professional Title Rank (hereinafter referred to collectively as the Promotion Board for Professional Title Rank) shall be established by the head of the agency assigned or delegated to organize examinations or promotions for professional title rank for civil servants as stipulated in Article 30 of Decree No. 29/2012/ND-CP amended and supplemented at Clause 14, Article 2 of Decree No. 161/2018/ND-CP. The Board shall consist of five or seven members, including the Chairman of the Board who is the head or deputy head of the agency assigned or delegated to organize examinations or promotions for professional title rank, and other Board members, among whom there is one member兼任秘书处成员。

2. The Promotion Board for Professional Title Rank shall operate on the principle of collective decision-making, majority voting, and perform the tasks and powers prescribed in Clause 4, Article 31 of Decree No. 29/2012/ND-CP.

3. The Promotion Board for Professional Title Rank may use the seal and account of the agency or unit assigned or delegated to organize examinations or promotions for professional title rank during the period of performing its tasks and powers, as decided by the head of the agency or unit authorized to establish the Board.

4. The Promotion Board for Professional Title Rank shall be responsible for organizing the promotion examination for civil servants according to the regulations and internal rules issued together with this Circular.

5. Article 14 shall be amended and supplemented as follows:

Article 14. Determination of Successful Candidates in the Promotion Examinationi or Promotion Assessment for Professional Title Rank

1. A civil servant who successfully passes the promotion examination for professional title rank must take all subjects of the examination except those exempted under the law; each subject score must reach 50 points or above, with each subject being scored out of 100 points.

2. For the promotion assessment for professional title rank, successful candidates shall be determined in accordance with the guidelines provided by the Ministry managing the professional title rank of the relevant specialty regarding the content and form of the promotion assessment for civil servants within their field of management.

3. Results of previous promotion examinations for professional title rank shall not be carried forward.

6. Point a, Clause 1, Article 15 shall be amended and supplemented as follows:

Article 15. Appointment and Salary Classification for Civil Servants Who Successfully Pass the Promotion Examination or Promotion Assessment for Professional Title Rank

1. Based on the notification from the competent authority organizing the examination or promotion assessment for professional title rank, the appointment to the professional title rank for civil servants who successfully pass the examination or promotion assessment shall be implemented as follows:

a) For the examination or promotion assessment for professional title rank equivalent to Senior Officer:

The Minister, Head of a ministry equivalent to a minister, head of a government agency, or the Chairman of the People's Committee of a province or centrally-administered city shall base their decision to appoint the professional title rank and classify the salary for the successful candidate on the decision of successful selection and the proposal of the competent authority managing the civil servant, after obtaining opinions on conditions and criteria as prescribed by the Ministry of Home Affairs (for state agencies and public service units of the State) or the Central Organization Department (for public service units of the Communist Party of Vietnam and social-political organizations).

7. Point b, Clause 1, Article 16 shall be amended and supplemented as follows:

Article 16. Implementation Organization

1. Ministries managing the professional title rank of civil servants in specific fields shall be responsible for:

b) Specifying detailed standards, conditions, content, and forms of examination or promotion assessment for professional title rank for civil servants within their managed specialties or fields after obtaining a consensus opinion from the Ministry of Home Affairs.

Article 3. Amending and supplementing some articles of Circular No. 15/2012/TT-BNV dated December 25, 2012, issued by the Minister of Home Affairs guiding recruitment, signing employment contracts, and compensating training costs for civil servants.

1. Clause 3 shall be amended and supplemented as follows:

Article 3. Announcement of Recruitment for Civil Servants

1. The announcement of recruitment by the competent authority for civil servants must be published on one of the mass media such as printed newspapers, online newspapers, radio, television; simultaneously posted on the website or electronic portal and publicly displayed at the workplace of the competent authority for recruiting civil servants.

2. The contents of the recruitment announcement include:

a) Standards and conditions for registration to participate in the recruitment;

b) The number of civil servants needed corresponding to job positions;

c) The deadline and location for receiving Application Forms from applicants; mobile phone number or landline telephone number of the department responsible for receiving Application Forms;

d) The form and content of the competitive examination or selection; time and location of the competitive examination or selection.

3. When there is a change in the content of the recruitment announcement, the competent authority for recruiting civil servants must implement supplementary public announcements according to the provisions of Clause 1 of this Article.

2. Article 11 shall be amended and supplemented as follows:

“Article 11. Fixed-term Employment Contracts

1. A fixed-term employment contract shall be signed between the head of a public service unit and the successful candidate for a civil servant position, except in cases provided for in point d and point đ of Clause 1 of Article 58 of the Civil Servant Law, based on Model No. 1 attached to this Circular.

2. For cases where individuals register to apply for civil servant positions in cultural, artistic, sports fields, if recruited as civil servants, they shall sign a fixed-term employment contract according to Model No. 2 attached to this Circular. In case of disputes arising from the implementation of the employment contract, persons recruited in cultural, artistic, sports fields who have not reached 18 years old may have their legal representatives resolve disputes related to the employment contract.

3. Based on work requirements, demands of job positions, and occupational titles being recruited, the head of a public service unit shall determine a specific term for signing a fixed-term contract of at least 12 months but not exceeding 36 months.

3. Article 12 shall be amended and supplemented as follows:

"Article 12. Indefinite-term Employment Contracts

An indefinite-term employment contract shall be signed between the head of a public service unit and an individual who has completed a fixed-term employment contract as stipulated in Clause 2 and Clause 3 of Article 18 of Decree No. 29/2012/NĐ-CP amended and supplemented in Clause 10 of Decree No. 161/2018/NĐ-CP or in cases where civil servants or government officials are converted into civil servants as stipulated in point d and point đ of Clause 1 of Article 58 of the Civil Servant Law, based on Model No. 3 attached to this Circular.

4. Clause 1 Article 14 shall be amended and supplemented as follows:

"Article 14. Termination of Employment Contracts in Cases Where Civil Servants Transfer to Other Agencies or Units

1. When civil servants transfer to other agencies or units, they must terminate their employment contracts with the current public service units and be entitled to benefits and policies as prescribed by law. In cases where civil servants are approved by the competent authority to transfer to another public service unit, new recruitment will not be conducted and termination benefits will not be granted.

Article 4. Amending and Supplementing Some Provisions of Circular No. 15/2001/TT-BTCCBCP dated April 11, 2001, issued by the Minister, Head of the Government Organization and Cadre Department (now the Minister of Home Affairs) guiding the implementation of Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on Implementing the System of Employment Contracts for Certain Types of Work in Administrative State Agencies and Public Service Units

1. Clause 1 of Part I shall be amended and supplemented as follows:

"1. Administrative state agencies and public service units implementing the system of employment contracts for certain types of work as prescribed in Article 1 of Decree No. 68/2000/NĐ-CP include:

a) Central administrative state agencies; provincial and municipal administrative state agencies; district, county, town, and city-level administrative state agencies under provinces and municipalities directly under the central government.

b) Representative offices of the Socialist Republic of Vietnam abroad, including diplomatic representative offices, consular representative offices, and representative offices at international organizations.

c) Public service units funded partially or entirely by the state budget for regular expenses.

d) Other agencies and organizations using funds allocated from the state budget that decide to apply the provisions of Decree No. 68/2000/NĐ-CP and Decree No. 161/2018/NĐ-CP to implement the system of employment contracts for certain types of work within their affiliated organizations and units.

2. Part II shall be amended and supplemented as follows:

"II - SIGNING, IMPLEMENTATION, MODIFICATION, TERMINATION, DISSOLUTION OF CONTRACTS AND RESOLUTION OF DISPUTES IN THE CASES OF CONTRACTS FOR WORKS STATED IN ARTICLE 1 OF DECREENO.68/2000/NĐ-CP 1. Individuals and organizations signing contracts for the works specified in Article 1 of Decree No. 68/2000/NĐ-CP and Clause 1 of Article 3 of Decree No. 161/2018/NĐ-CP are regulated by labor laws, civil laws, commercial laws, and do not fall within the staffing quota, number of employees, and salary fund of the agency, organization, or unit.

2. Certain types of work as specified in Article 1 of Decree No. 68/2000/NĐ-CP and Clause 1 of Article 3 of Decree No. 161/2018/NĐ-CP shall be implemented through the signing of one of the following forms of contracts:

a) Economic contracts signed between legal entities and between legal entities and individuals registered for business in accordance with civil law and commercial law;

b) Labor contracts concluded between workers or their legal representatives and employers in accordance with labor law;

c) Lease contracts for assets signed between the lessor and lessee in accordance with civil law;

d) Loan contracts for assets signed between the lender and borrower in accordance with civil law;

đ) Service contracts signed between the service provider and the service user in accordance with civil law.

d) A service contract is concluded between the service provider and the service user in accordance with civil law regulations.

3. The signing, performance, amendment, termination, settlement, and dispute resolution between the parties shall be carried out in accordance with the provisions of the laws on economic contracts, labor contracts, lease contracts for assets, loan contracts for assets, and service contracts.

4. The model contract shall be implemented in accordance with the relevant legal provisions corresponding to the form of the contract signed.

5. Individuals who are currently signing labor contracts to perform the tasks specified in Article 1 of Decree No. 68/2000/NĐ-CP, stipulated in Clause 1, Article 3 of Decree No. 161/2018/NĐ-CP and applying the salary scale 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 shall transfer to sign labor contracts in accordance with the provisions of Article 3 of Decree No. 161/2018/NĐ-CP; the salary level in the new labor contract shall not be lower than the current salary level.

3. Clause 1, Section III shall be amended and supplemented as follows:

"III - CONDITIONS FOR THE PARTY ENTERING INTO CONTRACTS WITH ADMINISTRATIVE STATE ORGANIZATIONS AND PUBLIC SERVICE UNITS AND CONDITIONS FOR ADMINISTRATIVE STATE ORGANIZATIONS AND PUBLIC SERVICE UNITS ENTERING INTO CONTRACTS

1. Conditions for the party entering into contracts with administrative state organizations and public service units:

a) For individuals: Must have sufficient health to work, certified by a health examination facility according to the guidelines of the Ministry of Health; have a clear record confirmed by the competent authority; have the ability to meet the requirements of the job position; not during the period of being pursued for criminal responsibility or serving a suspended sentence or under community-based educational measures or admitted to a treatment facility; not during the period of being prohibited from practicing a profession or engaging in work related to the contracted work.

b) For individuals or business entities providing services: Must have the necessary conditions to conduct business services in accordance with the provisions of the law."

Article 5. Responsibilities for Implementation

1. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. In cases where inspections or audits reveal that the organization of examinations for recruitment, selection, promotion, and career advancement of civil servants and public employees does not comply with the provisions of the law, or if there are errors in scoring or compiling scores of examination papers that directly affect the examination results or selection outcomes of candidates, based on the inspection or audit conclusions, the head of the agency or unit authorized to organize the recruitment, selection, promotion, and career advancement examinations for civil servants and public employees shall cancel the recruitment, selection, promotion, and career advancement examinations that did not comply with the regulations or cancel the examination papers or compiled scores containing errors that change the examination results or selection outcomes; at the same time, they shall investigate and clarify the responsibilities of organizations and individuals involved in violations according to the regulations of the Party and the law.

3. Civil servants and public employees who use illegal certificates or falsely declare information to meet the criteria and conditions for promotion and career advancement shall be disciplined according to the regulations; their examination results for promotion and career advancement shall also be canceled, and any appointment decisions to positions or career advancement levels shall be revoked (if applicable). Civil servants and public employees whose appointment decisions to positions or career advancement levels are revoked shall be reassigned to positions or career advancement levels, grades, and salary coefficients consistent with those they enjoyed when nominated for promotion or career advancement examinations.

Article 6. Implementation Provisions

1. This Circular shall take effect from July 1, 2019.

2. The regulations on organizing examinations for recruitment of civil servants and public employees, promotion examinations for civil servants, and career advancement examinations for public employees; the regulations on organizing selections for recruitment of civil servants and public employees, and career advancement selections for public employees; and the rules for recruitment examinations for civil servants and public employees, promotion examinations for civil servants, and career advancement examinations for public employees attached to this Circular shall take effect from July 1, 2019.

3. Agencies, organizations, and units that continue to implement recruitment plans for civil servants and public employees (through examinations, selections, or direct recruitment without examinations), promotion examinations for civil servants, and career advancement selections for public employees (through examinations or selections) approved by the competent authority before November 29, 2018, in accordance with Clause 2, Article 4 of Decree No. 161/2018/NĐ-CP shall not apply the provisions of Decree No. 161/2018/NĐ-CP and must complete them before July 15, 2019. After this deadline, if they have not been completed, they shall be implemented in accordance with Decree No. 161/2018/NĐ-CP.

4. Repeal part of the following normative legal documents:

a) The contents of Articles 2 and 7 of Circular No. 13/2010/TT-BNV dated December 30, 2010, issued by the Minister of Home Affairs detailing certain provisions on recruitment and promotion of civil servants under Decree No. 24/2010/NĐ-CP dated March 15, 2010, of the Government on recruitment, utilization, and management of civil servants;

b) The contents of Clauses 2 and 3, Article 1 of Circular No. 05/2012/TT-BNV dated October 24, 2012, issued by the Minister of Home Affairs amending and supplementing certain provisions of Circular No. 13/2010/TT-BNV dated December 30, 2010, issued by the Minister of Home Affairs detailing certain provisions on recruitment and promotion of civil servants under Decree No. 24/2010/NĐ-CP dated March 15, 2010, of the Government on recruitment, utilization, and management of civil servants;

c) The contents of Clauses 1 and 3, Article 2 of Circular No. 05/2017/TT-BNV dated August 15, 2017, issued by the Minister of Home Affairs amending and supplementing certain provisions of Circulars No. 11/2014/TT-BNV dated October 9, 2014, and No. 13/2010/TT-BNV dated December 30, 2010, issued by the Minister of Home Affairs on professional standards, appointment to ranks, and grading of salaries for administrative specialist civil servant ranks and the organization of civil servant rank promotion examinations.

d) The content of Clause 4, Article 11 of Circular No. 12/2012/TT-BNV dated December 18, 2012, issued by the Minister of Home Affairs, regarding job titles and changes to job titles for civil servants;

đ) The contents of the following Articles, Clauses, and Points in Circular No. 15/2012/TT-BNV dated December 25, 2012, issued by the Minister of Home Affairs, guiding on recruitment, signing employment contracts, and compensating training costs for civil servants: Article 2, Article 4, Article 7, and Article 8.

5. Repeal Circular No. 16/2012/TT-BNV dated December 28, 2012, issued by the Minister of Home Affairs, promulgating the Examination Regulations and Recruitment Regulations for Civil Servants; the Promotion Examination Regulations for Job Title Ranks for Civil Servants; and the Examination Rules for Recruitment and Promotion of Job Title Ranks for Civil Servants.

6. In case of any difficulties during implementation, please report to the Ministry of Home Affairs for guidance or consideration and resolution./.