Circular No. 05/2017/TT-BNV Amending and supplementing some articles of Circular No. 11/2014/TT-BNV dated October 9, 2014 and Circular No. 13/2010/TT-BNV dated December 30, 2010 of the Minister of Home Affairs on professional standards, appointment to grades, and salary classification for administrative specialized civil servant grades and the organization of examinations for promotion to higher grades of civil servants.

Article 1. Amending and supplementing some articles of Circular No. 11/2014/TT-BNV

1. Amending and supplementing Points h, i Clause 3 and Points b, c, đ Clause 4 Article 5 of Circular No. 11/2014/TT-BNV on the criteria for the senior specialist rank as follows:

"3. Criteria for professional competence and expertise

h) For civil servants participating in the examination to upgrade to the senior specialist rank, during the time holding the specialist rank or equivalent, they must have led or participated in drafting, reviewing at least two normative legal documents or research topics, projects, programs at the ministerial, sectoral, provincial level, which their employing agency was assigned to lead and develop, and these documents or projects have been issued or approved by competent authorities. Specifically as follows:

There is a decision from a competent authority assigning them to join the Drafting Board of normative legal documents that their working agency was assigned to lead and develop, and these documents have been issued by competent authorities. In cases where participating in drafting documents is not required by the Law on Enacting Normative Legal Documents to establish a Drafting Board, there must be a document assigning the task of leading the development from a competent authority.

There is a decision from a competent authority assigning them to join the Steering Committee, Head Committee, Drafting Board of research topics, projects, programs at the ministerial, sectoral, provincial level that their working agency was assigned to lead and develop, and these topics, projects, programs have been approved or reviewed by competent authorities.

There is a document from a competent authority assigning the task of leading the preparation of review reports, verification reports, revision of normative legal documents, including: draft laws, resolutions of the National Assembly, draft ordinances, resolutions of the Standing Committee of the National Assembly; decrees, decisions of the President; decrees of the Government, decisions of the Prime Minister; resolutions of the People's Councils at the provincial level, decisions of the People's Committees at the provincial level.

i) Having experience in administrative, public service fields or in leadership and management activities. Civil servants participating in the examination to upgrade to the senior specialist rank must have held the specialist rank or equivalent for at least six years, including at least one year (twelve months) holding the specialist rank.

4. Educational and Training Standards

b) Holding a degree in Advanced Political Theory or Advanced Political Theory and Administration or Bachelor of Politics or a certificate confirming equivalent advanced political theory level from a competent authority;

c) Hold a certificate in advanced civil service management training for senior specialists or hold a diploma in advanced political theory and administration.

đ) Holding a computer proficiency certificate with basic information technology skills according to Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications stipulating Basic Information Technology Skill Standards or an equivalent applied computer certificate".

2. Amending and supplementing Points g, h Clause 3 and Points b, c, đ Clause 4 Article 6 of Circular No. 11/2014/TT-BNV on the criteria for the specialist rank as follows:

"3. Criteria for professional competence and expertise

g) For civil servants participating in the examination to upgrade to the specialist rank, during the time holding the specialist rank or equivalent, they must have led or participated in drafting, reviewing at least one normative legal document or research topic, project, program at the ministerial, sectoral, provincial, district level, which their employing agency was assigned to lead and develop, and these documents or projects have been issued or approved by competent authorities. Specifically as follows:

There is a decision from a competent authority assigning them to join the Drafting Board or Editorial Team of normative legal documents that their working agency was assigned to lead and develop, and these documents have been issued by competent authorities. In cases where participating in drafting documents is not required by the Law on Enacting Normative Legal Documents to establish a Drafting Board or Editorial Team, there must be a document assigning the task of leading or participating in the development from a competent authority.

There is a decision from a competent authority assigning them to join the Steering Committee, Head Committee, Drafting Board or Supporting Team, Editorial Team, Compilation Team of research topics, projects, programs at the ministerial, sectoral, provincial, district level that their working agency was assigned to lead and develop, and these topics, projects, programs have been approved or reviewed by competent authorities.

There is a document from a competent authority assigning the task of leading or participating in the preparation of review reports, verification reports, revision of normative legal documents, including: draft laws, resolutions of the National Assembly, draft ordinances, resolutions of the Standing Committee of the National Assembly; decrees, decisions of the President; decrees of the Government, decisions of the Prime Minister; resolutions of the People's Councils at the provincial, district level, decisions of the People's Committees at the provincial, district level.

h) Having experience in administrative, public service fields or in leadership and management activities. Civil servants participating in the examination to upgrade to the specialist rank must have held the specialist rank or equivalent for at least nine years (excluding probationary and trial periods), including at least one year (twelve months) holding the specialist rank.

4. Educational and Training Standards

b) Holding a training certificate in state administration management for the specialist rank or a degree in Advanced Political Theory and Administration, Master of Public Administration, Doctor of Public Administration;

c) Holding a foreign language certificate with a level equivalent to Level 3 of the Vietnamese Foreign Language Competence Framework according to Circular No. 01/2014/TT-BGDĐT dated January 24, 2014 of the Minister of Education and Training promulgating the Vietnamese Foreign Language Competence Framework of Six Levels or a certificate in ethnic minority languages issued by authorized training institutions for civil servants working in ethnic minority areas;

d) Holding a computer proficiency certificate with basic information technology skills according to Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications stipulating Basic Information Technology Skill Standards or an equivalent applied computer certificate".

3. Amending and supplementing Points b, c, d Clause 4 Article 7 of Circular No. 11/2014/TT-BNV on the criteria for professional competence of the specialist rank as follows:

"4. Standards for education and training qualifications

b) Hold a certificate for state management business training at the specialist level or a bachelor's degree in public administration, a master's degree in public administration, or a doctorate in public administration;

c) Hold a foreign language certificate equivalent to Level 2 of the Vietnamese Foreign Language Competency Framework as stipulated in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014 issued by the Minister of Education and Training on the six-level Vietnamese Foreign Language Competency Framework, or hold a certificate for ethnic minority language training issued by an authorized training institution for civil servants working in ethnic minority areas;

d) Holding a computer proficiency certificate with basic information technology skills according to Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications stipulating Basic Information Technology Skill Standards or an equivalent applied computer certificate".

4. Amend and supplement Points a, c, and d of Clause 4, Article 8 of Circular No. 11/2014/TT-BNV regarding the professional standards for the specialist rank as follows:

"4. Standards for education and training qualifications

a) Hold a college diploma with a major suitable for the job position;

c) Hold a foreign language certificate equivalent to Level 1 of the Vietnamese Foreign Language Competency Framework as stipulated in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014 issued by the Minister of Education and Training on the six-level Vietnamese Foreign Language Competency Framework, or hold a certificate for ethnic minority language training issued by an authorized training institution for civil servants working in ethnic minority areas;

d) Holding a computer proficiency certificate with basic information technology skills according to Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications stipulating Basic Information Technology Skill Standards or an equivalent applied computer certificate".

5. Amend and supplement Point a of Clause 4, Article 9 of Circular No. 11/2014/TT-BNV regarding the professional standards for the staff rank as follows:

"4. Standards for education and training qualifications

a) Hold a secondary vocational school diploma with a major suitable for the job position. For staff drivers, they must have a driving license issued by an authorized agency";

6. Add Article 9a to Circular No. 11/2014/TT-BNV on the appointment of ranks and salary grading for administrative civil servants as follows:

“Article 9a. Appointment of Ranks and Salary Grading

1. Civil servants appointed to the ranks of administrative civil servants as specified in Circular No. 11/2014/TT-BNV shall apply the corresponding salary scale issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, public officials, and armed forces personnel (hereinafter referred to as Decree No. 204/2004/NĐ-CP), as follows:

a) Apply Scale 2 (Scale for professional and technical positions for cadres and civil servants in state agencies) for the following civil servant ranks:

The Senior Specialist rank applies to Class A3 (Group 1) civil servants;

The Specialist rank applies to Class A2 (Group 1) civil servants;

The Specialist Assistant rank applies to Class A1 civil servants;

The Cadre rank applies to Class A0 civil servants;

The Staff rank applies to Class B civil servants.

b) Apply Scale 4 (Scale for administrative and service staff in state agencies and state-run units) for the Staff Driver rank.

2. The transition of ranks and salary grading for civil servants currently holding the old administrative civil servant ranks as specified in Decision No. 414/TCCP-VC dated May 29, 1993 of the Minister - Head of the Organizational and Cadre Affairs Department of the Government (now the Minister of Home Affairs) on the issuance of professional standards for administrative civil servant ranks to the new administrative civil servant ranks specified in Circular No. 11/2014/TT-BNV as follows:

a) For the Senior Specialist, Specialist, and Specialist Assistant ranks:

Civil servants who have been appointed to a certain rank shall continue to be graded according to that rank.

b) For the Cadre rank:

Civil servants who have graduated from a college program suitable for their current job position shall be appointed to the new Cadre rank; if they are currently being graded according to Class A0 as issued together with Decree No. 204/2004/NĐ-CP, they shall continue to be graded according to that Class A0; if they are currently being graded according to Class B as issued together with Decree No. 204/2004/NĐ-CP, they shall be regraded according to the guidelines set out in Clause 1, Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Minister of Home Affairs on the guidelines for grading when upgrading ranks and changing types of civil servants and public officials.

In cases where civil servants do not yet have a college diploma suitable for their current job position but have been appointed to the old Cadre rank and are currently being graded according to Class B as issued together with Decree No. 204/2004/NĐ-CP, they shall continue to be graded according to that Class B for a period of six years from the date this Circular takes effect. During this six-year period, the employing agency must arrange for the civil servants to study and improve their qualifications to meet the criteria for the new Cadre rank; once the civil servants meet the criteria and conditions for the new Cadre rank, the employing agency shall report to the civil servant management agency for consideration and decision on appointment to the new Cadre rank. If the civil servants are sent to study to improve their qualifications but do not participate in the study or fail to meet the requirements, the employing agency shall report to the civil servant management agency for consideration and arrangement of work appropriate to their educational qualifications or implementation of reduction in staffing.

c) For the Staff rank:

For those individuals holding administrative and service positions who have been recruited as civil servants in accordance with the law, have a secondary vocational school diploma or higher, and are currently being graded according to Class B as issued together with Decree No. 204/2004/NĐ-CP, they shall be appointed to the new Staff rank and continue to be graded according to that Class B. For Staff Drivers, they must have a driving license issued by an authorized agency and continue to be graded according to the Staff Driver scale of Scale 4 (Scale for administrative and service staff in state agencies and state-run units) issued together with Decree No. 204/2004/NĐ-CP.

In the case where civil servants have not yet obtained a diploma equivalent to or higher than a college degree suitable for their current position, they shall continue to be paid according to the current rank of staff in Table 4 (Table of Staff Salaries for Administrative and Service Personnel in State Agencies and State Public Service Units) issued together with Decree No. 204/2004/NĐ-CP for a period of six years from the date this Circular takes effect. Within this six-year period, the employing agency must arrange for the civil servant to study and improve their qualifications to meet the criteria for the new staff rank; when the civil servant meets the criteria and conditions for the new staff rank, the employing agency shall report to the civil service management agency for consideration and decision on appointment to the new staff rank. If a civil servant is assigned to study to improve their qualifications but does not participate in the study or fails to meet the required standards, the employing agency shall report to the civil service management agency for consideration and implementation of reduction in staffing.

3. For personnel working under labor contracts as prescribed in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the system of contracts for certain types of work in state administrative agencies and public service units, their salaries shall be determined according to Table 4 (Table of Staff Salaries for Administrative and Service Personnel in State Agencies and State Public Service Units) issued together with Decree No. 204/2004/NĐ-CP.

7. Amend Article 10 of Circular No. 11/2014/TT-BNV as follows:

“Article 10. Implementation Organization

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, centrally governed cities, and related agencies shall implement recruitment, utilization, and management of the administrative professional cadre based on the provisions of this Circular.

2. Personnel working in administrative, general affairs, organizational cadres, management, office, planning, finance departments, and other non-specialized departments in public service units shall apply the regulations on professional qualification standards of administrative professional ranks prescribed in this Circular for recruitment, utilization, and management of personnel."

Article 2. Amend and supplement some articles of Circular No. 13/2010/TT-BNV

1. Amend Clause 2 of Article 15 of Circular No. 13/2010/TT-BNV as follows:

“Article 15. Developing plans for upgrading civil servant ranks examinations

2. Developing plans to organize upgrading civil servant ranks examinations:

a) Based on the number of upgrading quota proposals of civil service management agencies as stipulated in Clause 1 of this Article, the Ministry of Home Affairs or the Central Party Organization Committee shall develop plans to organize upgrading civil servant ranks examinations and announce the annual upgrading quotas for civil servants for ministries, sectors, and localities to implement.

b) For examinations to upgrade to assistant officer, officer, or equivalent ranks:

Based on the annual plan to organize upgrading civil servant ranks examinations of the Ministry of Home Affairs or the Central Party Organization Committee, the civil service management agency shall develop an examination organization proposal and submit it to the Ministry of Home Affairs or the Central Party Organization Committee for approval before organizing the examination according to its authority.

c) For examinations to upgrade to senior officer or equivalent ranks:

Based on the annual plan to organize upgrading civil servant ranks examinations of the Ministry of Home Affairs or the Central Party Organization Committee and the number of upgrading quota proposals of civil service management agencies, the Ministry of Home Affairs or the Central Party Organization Committee shall develop an examination organization proposal to organize the examination according to its authority.

d) For examinations to upgrade to principal officer or equivalent ranks:

Based on the annual plan to organize upgrading civil servant ranks examinations of the Ministry of Home Affairs or the Central Party Organization Committee and the number of upgrading quota proposals of civil service management agencies, the Ministry of Home Affairs or the Central Party Organization Committee shall develop an examination organization proposal to organize the examination according to its authority.”

2. Amend Clause 2 of Article 16 of Circular No. 13/2010/TT-BNV as follows:

“Article 16. Examination registration dossier

2. The civil service management agency shall be responsible for reviewing and deciding the list of civil servants who meet the criteria and conditions to participate in the examination and retaining and managing the examination registration dossier of participating civil servants.”

3. Amend Article 17 of Circular No. 13/2010/TT-BNV as follows:

"Article 17. Organizing upgrading civil servant ranks examinations

1. For examinations to upgrade to assistant officer, officer, or equivalent ranks:

Based on the examination organization proposal for upgrading civil servant ranks approved by the Ministry of Home Affairs or the Central Party Organization Committee as stipulated in Point b, Clause 2 of Article 15 of this Circular, the head of the civil service management agency shall decide the list of civil servants who meet the criteria and conditions to participate in the examination to upgrade to assistant officer, officer, or equivalent ranks; establish an examination committee according to Article 32 of Decree No. 24/2010/NĐ-CP to organize the examination according to regulations and report the examination results to the Ministry of Home Affairs or the Central Party Organization Committee for monitoring according to its authority.

2. For examinations to upgrade to senior officer or equivalent ranks:

a) The Ministry of Home Affairs or the Central Party Organization Committee shall perform the following tasks:

Approve the examination organization proposal for upgrading civil servant ranks submitted by the head of the civil service management agency;

Decide the examination questions and answers for each subject in the examination to upgrade to senior officer; decide the examination questions and answers for the common knowledge subject in the examination to upgrade to equivalent civil servant ranks;

Recognize the examination results for upgrading civil servant ranks upon the recommendation of the examination committee for upgrading civil servant ranks;

Supervise and monitor the organization of upgrading civil servant ranks examinations.

b) The civil service management agency organizing the examination for upgrading civil servant ranks shall perform the following tasks:

Develop the examination organization proposal and submit it to the Ministry of Home Affairs or the Central Party Organization Committee for approval before implementation;

Decide the list of civil servants who meet the criteria and conditions to participate in the examination according to regulations;

The decision to establish the Examination Board for upgrading ranks as stipulated in Article 32 of Decree No. 24/2010/NĐ-CP to organize the examination as prescribed;

Report to the Ministry of Home Affairs or the Central Organization Board for recognition of the examination results within the scope of authority;

Resolve complaints and denunciations (if any) during the examination process as prescribed.

3. For examinations to upgrade to Senior Specialist or equivalent rank:

a) Based on the Examination Plan for upgrading civil servant ranks of the Ministry of Home Affairs or the Central Organization Board as stipulated in Point d Clause 2 Article 15 of this Circular, the civil service management agency shall prepare a list of civil servants meeting all the criteria and conditions to participate in the examination to upgrade to Senior Specialist or equivalent rank of agencies, organizations, and units under their jurisdiction according to Model No. 4 issued together with this Circular and submit a written report to the Ministry of Home Affairs or the Central Organization Board to organize the examination for upgrading ranks;

b) The Ministry of Home Affairs or the Central Organization Board shall decide to establish the Examination Board for upgrading ranks as stipulated in Article 32 of Decree No. 24/2010/NĐ-CP to organize the examination as prescribed.

4. The organization of examinations for upgrading civil servant ranks shall be carried out in accordance with the Examination Regulations and Promotion Examination Regulations (Annex No. 3) and the Examination Organization Regulations for Upgrading Civil Servant Ranks (Annex No. 4) issued together with this Circular.”

Article 3. Effectiveness

1. This Circular takes effect from October 1, 2017.

2. For examinations for upgrading civil servant ranks implemented according to the Examination Plan for upgrading civil servant ranks already agreed upon by the Ministry of Home Affairs or the Central Organization Board, such examinations shall continue to be organized according to the approved plan. In cases where the civil service management agency has not organized the examination by October 1, 2017, the provisions of this Circular shall apply.

Article 4. Responsibilities for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. For cadres and civil servants of agencies of the Communist Party of Vietnam and political-social organizations, they shall implement this Circular and follow the guidance of the competent authority of the Communist Party of Vietnam.

3. During the implementation period, if there are any difficulties, please reflect them to the Ministry of Home Affairs for guidance or consideration and resolution./.