Circular No. 03/2023/TT-BVHTTDL stipulates the criteria and conditions for taking the examination or assessment for promotion; the form, content, and determination of successful candidates in the promotion examination for the profession titles of cultural sector specialists such as librarians, heritage, grassroots culture, cultural propagandists, performing arts, cinema, and fine arts.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the standards, conditions for taking the examination or being promoted to a higher rank; the form, content, and determination of successful candidates in the examination period for promotion to the occupational title of library professionals, cultural heritage, grassroots culture, cultural propaganda, performing arts, cinema, and fine arts (hereinafter referred to as the cultural profession).

2. This Circular applies to cultural profession officials working in public service units and related organizations and individuals.

Article 2. Standards and Conditions for Taking the Examination for Promotion

1. Being nominated by the competent authority to participate in the examination for promotion to the occupational title.

2. Meeting the standards and conditions prescribed in Clause 1, Article 32 of Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government on recruitment, employment, and management of officials.

3. Meeting other requirements of the occupational title standards for the examination as prescribed in: Circular No. 16/2021/TT-BVHTTDL dated December 22, 2021 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for cultural heritage professionals; Circular No. 02/2022/TT-BVHTTDL dated July 1, 2022 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for library professionals; Circular No. 03/2022/TT-BVHTTDL dated July 7, 2022 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for grassroots culture professionals; Circular No. 09/2022/TT-BVHTTDL dated October 28, 2022 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for fine arts professionals; Circular No. 10/2022/TT-BVHTTDL dated October 28, 2022 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for performing arts and cinema professionals; Circular No. 02/2023/TT-BVHTTDL dated February 21, 2023 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for cultural propaganda professionals.

Article 3. Standards and Conditions for Applying for Promotion to Occupational Title

Officials who meet the standards and conditions set out in Article 2 of this Circular shall be eligible to apply for promotion under the following circumstances:

1. Officials holding occupational titles in the performing arts and cinema professions, and fine arts profession, who have been awarded the title of "People's Artist" or "Meritorious Artist," or have received the "Ho Chi Minh Prize" or "State Prize" in literature and art as prescribed at point b, clause 4 of Articles 4, 5, 8, and 9 of Circular No. 10/2022/TT-BVHTTDL dated October 28, 2022 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for performing arts and cinema professionals; at point b, clause 4 of Articles 4 and 5 of Circular No. 09/2022/TT-BVHTTDL dated October 28, 2022 of the Minister of Culture, Sports and Tourism on job code, occupational title standards, and salary grading for fine arts professionals, may use such titles or awards once to apply for promotion to the next higher occupational title.

2. From Grade IV Cultural Profession to Grade III Cultural Profession: Meeting the standards and conditions set out in Article 2 of this Circular and currently holding an occupational title in the Grade IV Cultural Profession.

Chapter II

APPLICATIONS, FORMS, CONTENT; DETERMINATION OF SUCCESSFUL CANDIDATES
IN THE PERIOD OF PROMOTION TO OCCUPATIONAL TITLE

Article 4. Documents, form, and content for considering promotion to higher rank of occupational title

Based on job positions and needs of public service units, the employing agency proposes to the personnel management agency to consider and decide according to its authority or submit to the competent authority for consideration and decision regarding the examination for promotion to higher rank of occupational title as follows:

1. The application documents for examination for promotion to higher rank of occupational title for specialized cultural staff shall be implemented in accordance with the provisions of Article 36 of Decree No. 115/2020/NĐ-CP.

2. Form of examination for promotion: Reviewing documents.

3. Content of examination for promotion: Reviewing compliance with the criteria and conditions for promotion specified in Article 3 of this Circular.

Article 5. Determination of successful candidates in the examination for promotion

1. A successful candidate in the examination for promotion is a staff member who fully meets the criteria and conditions stipulated in Articles 3 and 4 of this Circular and is recognized as such by the head of the agency or unit organizing the examination for promotion.

2. In cases where two or more candidates are equal when reviewing documents and have fully met the criteria and conditions for the occupational title being examined at the final quota, the determination of the successful candidate will be made in the following order of priority: female staff members; ethnic minority staff members; older staff members (by day, month, year); staff members with longer tenure.

If it is still not possible to determine the successful candidate, the head of the agency or unit authorized to organize the examination for promotion shall consider and decide after consulting with the head of the authorized personnel management agency.

Chapter III
IMPLEMENTATION

Article 6. Implementation Organization

1. The Minister, Head of a Ministry equivalent to a ministry, Head of a government agency, Chairman of the People's Committee of a province or centrally governed city, and Head of public service units shall, based on the criteria and conditions stipulated in this Circular within their assigned authority, appoint staff members to participate in examinations or examinations for promotion to higher rank of occupational title and bear responsibility for the criteria and conditions of the appointed staff members participating in examinations or examinations for promotion to higher rank of occupational title.

2. The Minister, Head of a Ministry equivalent to a ministry, Head of a government agency, and Chairman of the People's Committee of a province or centrally governed city shall, within their assigned authority, organize examinations or examinations for promotion to higher rank of occupational title for specialized cultural staff to ensure compliance with the relevant laws.

Article 7. Effectiveness and responsibility for implementation

1. This Circular takes effect from May 15, 2023.

2. Repeal Circular No. 10/2019/TT-BVHTTDL dated October 10, 2019, issued by the Minister of Culture, Sports and Tourism, which stipulates the criteria, conditions, content, and form of examinations or examinations for promotion to higher rank of occupational title for specialized library, heritage, grassroots culture, performing arts, cinema, and fine arts staff.

3. For agencies, organizations, and units that have been approved by the competent authority to implement plans or programs for examinations or examinations for promotion to higher rank of occupational title for specialized cultural staff before the date of issuance of this Circular, they shall continue to implement according to the approved plans or programs within six months from the date this Circular takes effect. After this period, if not completed, they shall implement in accordance with this Circular.

4. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

5. The Minister, Head of a Ministry equivalent to a ministry, Head of a government agency, Chairman of the People's Committee of a province or centrally governed city, and related agencies, units, and individuals shall be responsible for implementing this Circular.

6. During the implementation process, if there are difficulties, please reflect them to the Ministry of Culture, Sports and Tourism for study and appropriate amendments and supplements./.