Circular No. 04/2007/TT-BNV guiding the implementation of certain provisions of Government Decree No. 116/2003/NĐ-CP dated October 10, 2003, and Government Decree No. 121/2006/NĐ-CP dated October 23, 2006 amending and supplementing certain provisions of Government Decree No. 116/2003/NĐ-CP on recruitment, utilization, and management of officials and civil servants in state-owned public institutions.

CIRCULAR

Guidelines for Implementing Certain Articles of Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government and Decree No. 121/2006/NĐ-CP dated October 23, 2006 of the Government Amending and Supplementing Certain Articles of Decree No. 116/2003/NĐ-CP on Recruitment, Employment, and Management of Civil Servants in State-Owned Public Institutions

Pursuant to Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on Recruitment, Employment, and Management of Civil Servants in State-Owned Public Institutions (hereinafter referred to as Decree No. 116/2003/NĐ-CP) and Decree No. 121/2006/NĐ-CP dated October 23, 2006 of the Government Amending and Supplementing Certain Articles of Decree No. 116/2003/NĐ-CP, the Ministry of Home Affairs issues guidelines for implementing certain aspects of recruitment, reclassification, and promotion examinations for civil servants in state-owned public institutions (hereinafter collectively referred to as staff members) as follows:

I. RECRUITMENT:

1. Regarding registration for recruitment and implementation of recruitment:

a) Regarding registration for recruitment:

The person registering for recruitment must submit their application dossier to the Recruitment Board in accordance with the requirements of the Recruitment Board. Copies of diplomas, certificates, and other related documents in the application dossier do not need to be notarized or certified by authorized agencies.

The person registering for recruitment must commit in the registration form about the conditions and standards according to current regulations that have been publicly announced and bear legal responsibility for the copies of diplomas, certificates, and other related documents submitted in the registration dossier. (The registration form is issued together with this Circular).

b) Regarding recruitment through examination:

The successful candidate in the examination period is the person who meets the job requirements and standards of the position being recruited and has the highest total score from the average grade of the entire course (converted to a scale of 100 points) plus bonus points as stipulated in Clause 3, Article 12 of Decree No. 116/2003/NĐ-CP, starting from the highest score down to the last available position.

In cases where multiple candidates have the same score at the last available position, the Recruitment Board will supplement an interview process to select the candidate with the highest score to be successful. The interview process will be conducted as follows:

- The Recruitment Board will specify the interview content and specific grading criteria to conduct interviews with the applicants;

- Interview content: To assess communication knowledge; social understanding; the applicant's aspirations and career development goals for the position being recruited.

c) Regarding the responsibility to complete the recruitment dossier:

Within fifteen days from receiving the notification of successful recruitment, the successful candidate must complete the recruitment dossier in accordance with the regulations of the recruiting agency or unit. In special cases such as illness, accidents, etc., confirmed by the competent authority, the time to complete the dossier may be extended but not exceeding thirty days from the date of receipt of the successful recruitment notification (as evidenced by postmark).

When checking the application dossier of the successful candidate, if the recruiting agency or unit discovers that the diplomas, certificates, and related documents are illegal or false information in the application dossier, they shall report to the competent authority to consider revoking the successful recruitment result.

After the recruiting agency or unit confirms that the successful candidate has completed the recruitment dossier in accordance with the regulations, it shall notify the public institution so that the head of the public institution or the person authorized by the head of the public institution can sign the employment contract in accordance with the regulations.

2. Regarding policies for certain cases in recruitment:

For cases where individuals are recruited into state-owned public institutions and have previously worked continuously with social insurance contributions in state agencies, organizations, or units, or were previously civil servants and then transferred to work outside the state sector, and are now recruited and assigned to work in positions corresponding to their previous expertise, the working period with social insurance contributions will be considered as a basis for ranking and determining appropriate salary grades for the recruited position.

3. Duration of probationary period:

a) The probationary period for newly recruited staff members corresponds to the duration of the initial employment contract for each type of staff member. Newly recruited staff members must fulfill the probationary period as stipulated in the initial employment contract.

b) During the probationary period, if the probationer takes leave for valid reasons for less than fifteen days for Category A staff members, ten days for Category B staff members, and five days for Category C staff members, and such leave is approved by the head of the public institution, the leave period will be counted towards the probationary period.

c) In cases where staff members take maternity leave, sick leave, or other leaves exceeding the duration specified in Point b, Clause 3, Section I of this Circular during the probationary period, these leave periods will not be counted towards the probationary period and the probationary period will be extended accordingly to meet the required duration.

4. Disciplinary actions against staff members during the probationary period:

a) Staff members during the probationary period who violate discipline will be subject to disciplinary actions as prescribed for civil servants under Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government on Disciplinary Actions Against Civil Servants and Circular No. 03/2006/TT-BNV dated February 8, 2006 of the Ministry of Home Affairs guiding the implementation of certain articles of Decree No. 35/2005/NĐ-CP.

b) Disciplinary measures applicable to staff members during the probationary period include:

- Reprimand;

- Warning;

- Termination of employment.

II. RECLASSIFICATION OF STAFF MEMBERS

1. Eligibility for reclassification:

a) Civil servants classified as type B or type C (currently receiving salaries at ranks equivalent to civil servant or staff ranks), who have been assigned by competent authorities to undergo training funded from state budget, public institution budget, other organizations' budgets, or personally paid for, and have obtained graduation certificates, if they are assigned to positions commensurate with their educational qualifications and meet the required standards and conditions as stipulated, shall be considered for reclassification to type A or type B and appointed and graded to appropriate civil servant ranks corresponding to their job positions, professional standards, and educational qualifications.

b) Civil servants currently receiving salary type A₀, who have been assigned by competent authorities to undergo training and have obtained university graduation certificates, if they are assigned to positions not commensurate with their educational qualifications but still meet the required standards and conditions as stipulated, shall be considered for appointment and grading to appropriate civil servant ranks corresponding to their job positions, professional standards, and educational qualifications.

2. Standards and Conditions for Reclassification of Civil Servants:

Civil servants meeting the following standards and conditions shall be considered for reclassification:

a) Meeting the educational qualification requirements prescribed for the rank corresponding to the proposed reclassification;

b) Fulfilling all duties of civil servants as stipulated in the Civil Servant Law and other relevant laws;

c) Being assigned by the unit to a position suitable for the professional standards and specialized education qualifications of the rank corresponding to the proposed reclassification, while also meeting the unit's needs and self-management capabilities;

d) Not being under disciplinary action during the period of reclassification.

3. Procedures for Reclassification of Civil Servants:

a) When considering reclassification of civil servants, public institutions must establish a Committee to review the standards and conditions of civil servants according to Clause 2, Section II of this Circular and the unit's usage needs.

The Committee for reclassification of civil servants consists of 5 or 7 members including:

- The Chairman of the Committee is the head of the public institution;

- Other Committee members are representatives of the institution's specialized departments, including representatives of the department where the civil servant works, the organizational and personnel management department, and one member serving as the Committee secretary.

In cases where the public institution does not have enough 5 members to form a Committee as prescribed or the civil servant under consideration for reclassification is the head of the public institution, the immediate superior authority of the public institution shall establish the Committee for reclassification of civil servants. The Committee for reclassification consists of 5 or 7 members decided by the head of the immediate superior authority of the public institution.

b) Based on the results of the Committee for reclassification of civil servants, the head of the public institution shall issue a document (attached with a list of civil servants proposed for reclassification) requesting the immediate superior authority to consider and submit the list of reclassified civil servants to the Ministry, agency equivalent to a ministry, or government agency (hereinafter referred to as the Ministry, sector) through the Department of Organization and Cadres or the People's Committee of the province, centrally governed city (hereinafter referred to as the province) through the Department of Home Affairs for approval before issuing a decision to appoint to a new civil servant rank.

4. Responsibilities for Organizing Reclassification of Civil Servants:

a) Ministries, sectors, and provinces are responsible for guiding, inspecting, and supervising the organization of reclassification of civil servants in public institutions under their jurisdiction and reporting lists to the Ministry of Home Affairs for monitoring and inspection.

b) The heads of public institutions and the heads of the immediate superior authorities of public institutions are responsible for the standards and conditions of civil servants proposed for reclassification.

5. Appointment to Rank and Grading for Reclassified Civil Servants:

Civil servants proposed for reclassification shall be appointed to a new rank corresponding to the reclassified type by the competent authority. Grading shall be carried out in accordance with current legal provisions on grading when upgrading, transferring, or reclassifying civil servants.

III. CIVIL SERVANT RANK PROMOTION EXAMINATION

1. Salary Conditions:

a) Civil servants participating in the rank promotion examination must have a salary coefficient lower than the first grade of the target rank by no more than two grades.

Example 1: Civil servants participating in the promotion examination from ranks with type A2 group 1 salaries (such as senior researchers, chief doctors, chief engineers...) to ranks with type A3 group 1 salaries (such as senior researchers, chief doctors, chief engineers...) must have a salary coefficient of at least grade 4/8, coefficient 5.42.

Example 2: Civil servants participating in the promotion examination from ranks with type A2 group 2 salaries (such as chief archivists, chief plant protection forecasters, chief librarians...) to ranks with type A3 group 2 salaries (such as senior archivists, senior plant protection forecasters, senior librarians...) must have a salary coefficient of at least grade 4/8, coefficient 5.02.

Example 3: Civil servants participating in the promotion examination from ranks with type A1 group 1 salaries (such as researchers, doctors, lecturers, reporters...) to ranks with type A2 group 1 salaries (such as chief researchers, chief doctors, chief lecturers, chief reporters...) must have a salary coefficient of at least grade 5/9, coefficient 3.66.

b) Other cases:

Example 4: Civil servants participating in the promotion examination from ranks with type A1 group 1 salaries (such as archivists, plant protection forecasters, librarians...) to ranks with type A2 group 2 salaries (such as chief archivists, chief plant protection forecasters, chief librarians...) must have a salary coefficient of at least grade 5/9, coefficient 3.66.

2. Procedures and Formalities for Assigning Civil Servants to Participate in Rank Promotion Examinations:

a) Based on guidelines for organizing rank promotion examinations issued by ministries responsible for managing specialized civil servant ranks or by agencies authorized to organize such examinations, ministries, sectors, and provinces shall organize preliminary selections for civil servants to participate in the examinations in accordance with regulations.

b) The Preliminary Selection Committee sends the results to the competent authority for consideration and issuance of a decision to assign civil servants to participate in the rank promotion examination.

The decision to assign civil servants to take the examination for promotion shall be sent to the Ministries assigned to manage the rank of specialized civil servants or the agencies, units authorized to organize the examination for promotion, along with a list of the civil servants taking the examination according to the format prescribed by the agency or unit authorized to organize the examination for promotion.

For examinations for promotion to ranks equivalent to the senior specialist rank, the dossier of the assigned civil servant does not need to be sent to the Ministries assigned to manage the rank of specialized civil servants or the agencies, units authorized to organize the examination for promotion but shall be retained and managed by the agency or unit authorized to assign the civil servant to take the examination.

For examinations for promotion to ranks equivalent to the senior senior specialist rank, the dossier of the assigned civil servant shall be sent to the Ministries assigned to manage the rank of specialized civil servants or the agencies, units authorized to organize the examination for promotion for review and management.

The head of the agency or unit authorized to decide on assigning civil servants to take the examination for promotion shall be responsible for the conditions and criteria of the assigned civil servants.

If the assigned civil servant does not meet the examination criteria and conditions or is not suitable for the job position, they shall not participate in the examination; if they have already taken the examination, their results shall be nullified. If a civil servant uses illegal certificates or makes false declarations to meet the examination criteria and conditions and is discovered, they will be disciplined according to regulations and their examination results will be nullified.

IV. IMPLEMENTATION

1. Ministries, ministerial-level agencies, government agencies, and People's Committees of provinces and centrally governed cities when recruiting, using, and managing civil servants in state-run public institutions shall implement in accordance with Circular No. 10/2004/TT-BNV dated February 19, 2004, issued by the Ministry of Home Affairs guiding the implementation of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government on recruitment, use, and management of cadres and civil servants in state-run public institutions, and this Circular.

2. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

3. This Circular replaces the provisions on recruitment, use, and management of cadres and civil servants in state-run public institutions in Circular No. 74/2005/TT-BNV dated July 26, 2005, issued by the Ministry of Home Affairs.

4. In the course of implementation, any difficulties should be reported to the Ministry of Home Affairs for study and resolution.