Circular No. 05/2012/TT-BNV amends and supplements certain articles of Circular No. 13/2010/TT-BNV on recruitment and promotion of civil servants. This circular stipulates that there shall be no distinction made between types of training when registering to apply for civil servant positions, and it also permits the recruitment of staff from public institutions into civil service positions without examination in certain special cases.
适用范围
Civil Service Management Agency and heads of agencies with authority to recruit civil servants
要点
- Civil Service Management Agency → no distinction shall be made between types of training when registering to apply for civil servant positions (Article 1, Clause 3 Article 1)
- Civil Service Management Agency → approve the results of recruitment of civil servants without examination for certain special cases (Article 1, Point b Clause 2 Article 4)
- Heads of the Civil Service Management Agency → consider and decide on the recruitment of staff from public institutions into civil service positions without examination in certain specific cases (Article 1, Point đ Clause 2 Article 10)
🌐 本文件的社会影响
- Positive impact: Reduces the burden of training for applicants for civil servant positions; broadens opportunities for staff from public institutions to become civil servants.
- Negative impact: May lead to abuse of regulations resulting in unfair recruitment.
❓ 常见问题
Does the Civil Service Management Agency make distinctions between types of training when registering to apply for civil servant positions?
No, according to this circular, the Civil Service Management Agency does not distinguish between types of training (full-time, part-time, joint-degree, specialized training, distance learning) and between public and private institutions when registering to apply for civil servant positions.
Which agency has the authority to approve the results of recruitment of civil servants without examination?
The head of the agency with authority to recruit civil servants bases their approval of the results of recruitment without examination on the report of the head of the Civil Service Management Agency.
Can staff from public institutions be considered for recruitment without examination?
Yes, but they must meet the conditions and criteria specified in Article 10 of Circular No. 13/2010/TT-BNV. The head of the Civil Service Management Agency is responsible for their decision.
When does this circular take effect?
This circular takes effect from December 10, 2012.
Which agency is responsible for implementing this circular?
Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, and related agencies, organizations, and individuals are responsible for implementing this circular.
全文
CIRCULAR
Amending and supplementing some articles of Circular No. 13/2010/TT-BNV dated December 30, 2010 of the Ministry 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 regarding recruitment, utilization, and management of civil servants of the Ministry of Home Affairs detailing certain provisions on the recruitment and promotion of civil servants of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Governmentconcerning recruitment, utilization, and management of civil servants
______________________________
Pursuant to Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government regarding recruitment, utilization, and management of civil servants and Decree No. 93/2010/NĐ-CP dated August 31, 2010 of the Government amending some articles of Decree No. 24/2010/NĐ-CP;
Pursuant to Decree No. 61/2012/NĐ-CP dated August 13, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
At the proposal of the Director of the Civil Servant - Public Official Department, Ministry of Home Affairs;
The Minister of Home Affairs hereby promulgates this Circular amending and supplementing some articles of Circular No. 13/2010/TT-BNV dated December 30, 2010 of the Ministry 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 regarding recruitment, utilization, and management of civil servants (hereinafter referred to as Circular No. 13/2010/TT-BNV),
Article 1. Amending and supplementing some articles of Circular No. 13/2010/TT-BNV
1. Supplement Clause 3 of Article 1 as follows:
"3. When specifying and announcing the conditions for registering to apply for civil servant positions, the civil service management agency shall not differentiate between types of education and certificates (full-time, part-time, combined, specialized, distance learning, or credit-based), nor between public and non-public schools."
2. Amend Point b of Clause 2 of Article 4 as follows:
"b) The civil service management agency specified in Clause 2 of Article 2 of Decree No. 24/2010/NĐ-CP:
- Shall approve the recruitment results of civil servants based on the report of the head of the competent authority for civil servant recruitment;
- Shall decide on the recruitment of civil servants without examination in special cases according to the provisions of Article 10 of Circular No. 13/2010/TT-BNV."
3. Supplement Point d of Clause 2 of Article 10 as follows:
"d) For cases where the person is a staff member currently working in state-owned public institutions of the Communist Party of Vietnam, the State, and political-social organizations, if they meet the conditions and criteria for recruitment as civil servants without examination as stipulated in Point b of Clause 1 of Article 10 of Circular No. 13/2010/TT-BNV and the institution, organization, or unit still has vacant positions, the head of the civil service management agency shall consider and decide on recruitment as a civil servant without examination and bear responsibility under the law for their decision. Subsequently, a report shall be submitted to the Ministry of Home Affairs or the Central Organization Department for management, inspection, and supervision within their jurisdiction."
Article 2. Effective Date
This Circular takes effect from December 10, 2012.
This Circular takes effect from December 25, 2025/.
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Circular./.
DEPUTY MINISTER
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