Circular No. 05/2024/TT-BNV stipulates the criteria and conditions for promotion to Level II and Level I for civil servants, clerical staff, and archivists; and salary classification for those recruited or accepted as archivists.

CIRCULAR
Regulations on standards and conditions for promotion to Grade II and Grade I
for administrative civil servants, clerical civil servants, archival civil servants;
salary classification for persons recruited and accepted as civil servants

Pursuant to Decree No. 63/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants; Decree No. 85/2023/NĐ-CP dated December 7, 2023 of the Government amending and supplementing certain articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants;

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

The Minister of Home Affairs issues this Circular stipulating standards and conditions for promotion to Grade II and Grade I for administrative civil servants, clerical civil servants, and archival civil servants; salary classification for persons recruited and accepted as civil servants.

Article 1. Scope of Regulation

This Circular stipulates on:

1. Standards and conditions for promotion to Grade II and Grade I for administrative civil servants, promotion to Grade II for clerical civil servants, and promotion to Grade II for archival civil servants.

2. Salary classification for persons recruited and accepted as civil servants according to Decree No. 85/2023/NĐ-CP dated December 7, 2023 of the Government.

Article 2. Applicability

1. On promotion:

a) Administrative civil servants at positions in administrative departments, general affairs, office management, organizational cadre, planning, finance, and other positions not holding professional titles and not engaged in public service units' professions (hereinafter referred to collectively as administrative civil servants) are eligible for promotion to Grade II (from assistant specialist to senior assistant specialist) and to Grade I (from senior assistant specialist to senior specialist).

b) Clerical civil servants at positions in clerical departments, administrative departments of public service units (hereinafter referred to collectively as clerical civil servants) are eligible for promotion to Grade II (from clerk to senior clerk).

c) Archival civil servants in public service units are eligible for promotion to Grade II (from archivist to senior archivist).

2. On salary classification: Persons recruited and accepted as civil servants working in public service units from December 7, 2023.

Article 3. Standards and conditions for promotion to Grade II and Grade I for administrative civil servants, clerical civil servants, and archival civil servants

1. Administrative civil servants are eligible for promotion to Grade II when meeting all the following standards and conditions:

a) The standards and conditions prescribed in Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants (amended in Clause 16, Article 1 of Decree No. 85/2023/NĐ-CP dated December 7, 2023 of the Government);

b) The job position plan of the public service unit is established and approved in accordance with the relevant laws, including the job position of the civil servant candidate for promotion;

c) They are nominated by the competent authority to be candidates for promotion;

d) They have held the title of assistant specialist or equivalent for at least nine years (excluding probationary and trial periods). In cases where they have equivalent time to the assistant specialist title, they must hold the assistant specialist title for at least one year (full twelve months) up to the deadline for submitting the application for promotion registration (if the time holding the assistant specialist title is not continuous, it can be accumulated);

đ) During the period holding the title of assistant specialist or equivalent, they are confirmed in writing by the competent authority nominating them for promotion, having participated in one of the following scientific tasks:

Participating in drafting regulations, rules, technical procedures within their field, sector, agency, or unit of employment that have been promulgated and confirmed by the head of the agency or unit responsible for implementation;

Participating in scientific and technological tasks at the grassroots level or higher that have been reviewed and evaluated as satisfactory;

Participating in drafting proposals, regulatory documents that have been promulgated and confirmed by the head of the agency or unit responsible for implementation;

e) During the period holding the title of assistant specialist or equivalent, they have achieved one of the following work achievements:

Achievements in performing professional duties recognized with commendation from a ministry, department, provincial level or higher;

At least two years of work performance rated as outstanding;

2. Administrative civil servants are eligible for promotion to Grade I when meeting all the following standards and conditions:

a) Meeting the conditions specified in points a, b, and c of Clause 1 of this Article;

b) They have held the title of senior assistant specialist or equivalent for at least six years. In cases where they have equivalent time to the senior assistant specialist title, they must hold the senior assistant specialist title for at least one year (full twelve months) up to the deadline for submitting the application for promotion registration (if the time holding the senior assistant specialist title is not continuous, it can be accumulated);

c) During the period holding the title of senior assistant specialist or equivalent, they are confirmed in writing by the competent authority nominating them for promotion, having participated in one of the following scientific tasks:

Leading the drafting of regulations, rules, technical procedures within their field, sector, agency, or unit of employment that have been promulgated and confirmed by the head of the agency or unit responsible for implementation;

Leading scientific and technological tasks at the grassroots level or higher that have been reviewed and evaluated as satisfactory;

Participating in drafting proposals, regulatory documents that have been promulgated and confirmed by the head of the agency or unit responsible for implementation;

d) During the period holding the title of senior assistant specialist or equivalent, they have achieved one of the following achievements:

Achievements in performing professional duties recognized with commendation from the Prime Minister or awarded the title of Model Worker at the ministry, department, provincial level or higher;

At least three years of work performance rated as outstanding;

3. Clerical civil servants are eligible for promotion to Grade II when meeting all the following standards and conditions:

a) Meeting the conditions specified in points a, b, and c of Clause 1 of this Article;

b) They have held the title of clerk or equivalent for at least nine years (excluding probationary and trial periods). In cases where they have equivalent time to the clerk title, they must hold the clerk title for at least one year (full twelve months) up to the deadline for submitting the application for promotion registration (if the time holding the clerk title is not continuous, it can be accumulated);

c) During the period of holding the position of archivist and equivalent positions, there must be one of the following achievements:

Achievements in performing professional duties recognized with commendation from a ministry, department, provincial level or higher;

At least two years of work performance rated as outstanding;

4. An archivist shall be eligible for promotion to Level II if they meet the following criteria and conditions:

a) Meeting the conditions specified in points a, b, and c of Clause 1 of this Article;

b) Having held the position of archivist or equivalent for at least nine years (excluding probationary and trial periods). In cases where the time is equivalent to the position of archivist, the minimum time required for holding the position of archivist is one year (at least 12 months) counted up to the deadline for submitting the application for promotion registration (if the time spent in the position of archivist is not continuous, it can be accumulated);

c) During the period of holding the position of archivist or equivalent, being nominated by the competent authority for promotion and confirmed in writing (attached to the file), there must be one of the following achievements:

At least one research work in the field of archives or related fields: Leading the development of a professional project or scientific research topic at the grassroots level or higher, which has been accepted and evaluated as meeting the requirements by the competent authority; author of a scientific article on archives published in a scientific journal; author of an innovation in the field of archives that has been effectively applied in the operation of the agency or unit and recognized by the competent authority; compiling a book on archives and related fields that has been published;

Achievements in professional activities in the field of archives that have been awarded commendations by ministries, sectors, provinces or higher levels;

5. In cases where the staff member is nominated for promotion by the competent authority as stipulated in Clauses 1, 2, 3, and 4 of this Article, it shall be determined that they meet the requirements for capability of the rank of the profession being considered for promotion (including information technology skills, foreign language skills, or ethnic minority languages);

Article 4. Salary classification for persons recruited or received as staff members from December 7, 2023

1. In cases where salary is currently classified according to the state-prescribed salary tables, the corresponding salary classification for each recruitment or receipt as a staff member shall be implemented as follows:

a) In cases where salary is currently classified according to the specialized and vocational salary table for civil servants or staff members as prescribed in Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, staff members, and armed forces personnel (amended and supplemented by Decrees No. 76/2009/ND-CP dated September 15, 2009, No. 14/2012/ND-CP dated March 7, 2012, No. 17/2013/ND-CP dated February 19, 2013, and No. 117/2016/ND-CP dated July 21, 2016), implementation shall be carried out according to the guidance provided in Clause 2, Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Minister of Home Affairs guiding salary classification when upgrading, transferring, or changing types of civil servants and staff members;

b) In cases where salary is currently classified according to the military rank salary table for officers of the People's Army; officers and non-commissioned officers of the People's Public Security; or officers of the Cryptographic Service, or according to the professional salary table for military personnel of the People's Army and technical professionals of the People's Public Security, or according to the salary tables for personnel engaged in cryptographic work, implementation shall be carried out according to the guidance provided in Clauses 6 and 7, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Minister of Home Affairs guiding salary classification changes for cadres, civil servants, and staff members when changing jobs and cases of transfer from the armed forces, cryptographic service, and state-owned enterprises to work in state agencies and public institutions;

c) In cases where the person holds a position in a state-owned enterprise and is classified according to the salary coefficient of a dedicated company manager as prescribed in Decree No. 52/2016/ND-CP dated June 13, 2016 of the Government on wages, remuneration, and bonuses for company managers of limited liability companies wholly owned by the State, implementation shall be carried out according to the guidance provided in Circular No. 13/2018/TT-BNV dated October 19, 2018 of the Minister of Home Affairs amending Clause 8, Section III of Circular No. 79/2005/TT-BNV;

2. In cases where salary was previously classified according to the state-prescribed salary tables, then transferred to the private sector (without receiving a one-time social insurance benefit) and having worked with mandatory social insurance contributions, the corresponding salary classification for each recruitment or receipt as a staff member shall be implemented as follows:

Based on the salary coefficient at the time of transferring to the private sector, the transfer of salary classification shall be implemented according to Clause 1 of this Article, and the working time with mandatory social insurance contributions after transferring to the private sector shall be calculated every three years (at least 36 months) for those appointed to staff positions with salary grades A0 or higher, or every two years (at least 24 months) for those appointed to staff positions with salary grade B, resulting in a one-level salary increase or enjoying an additional seniority allowance (if applicable); the remaining months that are less than 36 months (for staff with salary grades A0 or higher) or less than 24 months (for staff with salary grade B) will be counted towards the next salary increase review or the additional seniority allowance (if applicable);

3. In cases where the working time is subject to salary with mandatory social insurance contributions as prescribed by law and does not fall under the provisions of Clauses 1 and 2 of this Article, the salary classification and determination of the equivalent time for the staff rank upon recruitment or receipt shall be implemented as follows:

a) Regarding salary classification:

Based on the total time receiving salary with mandatory social insurance contributions (if there is non-continuous time that has not yet been enjoyed under the one-time social insurance benefit regime, such time will be accumulated), deducting the probationary period according to the regulations of the position and profession title appointed at recruitment or acceptance, the remaining time shall serve as the basis for determining the salary grade at the recruited or accepted position and profession title as follows: Calculating from the first level of the position and profession title of the civil servant appointed at recruitment or acceptance, for each period of three years (full 36 months) for cases appointed to positions of civil servants with salary grade type A0, type A1, or for each period of two years (full 24 months) for cases appointed to positions of civil servants with salary grade type B, they shall be promoted to the next salary grade.

After converting the time for ranking into a salary grade in the position and profession title appointed at recruitment or acceptance as mentioned above, if there are months that are not sufficient to reach 36 months (for civil servants with salary grade type A0, type A1) or not sufficient to reach 24 months (for civil servants with salary grade type B), these months shall be counted towards the time for considering promotion to the next salary grade or for enjoying the seniority allowance exceeding the framework (if applicable) in the position appointed at recruitment or acceptance.

b) Regarding the determination of equivalent time for the rank of civil servant appointed at recruitment or acceptance:

In cases where the working time is subject to salary with mandatory social insurance contributions according to the provisions of the law, which is counted for ranking into the rank of civil servant appointed at recruitment or acceptance as stipulated in this clause, the equivalent time for the rank of civil servant appointed shall be calculated from the date having the same educational qualifications or higher educational qualifications compared to the required educational qualifications for the recruited or accepted job position.

4. Cases recruited or accepted as civil servants and ranked according to the provisions of Clause 1 and Clause 2 of this Article, if during the previous working time, there was a year of work evaluated and classified as not completing tasks or being disciplined without extending the time for salary grade promotion according to the regulations, then the time not counted for salary ranking shall be implemented according to the provisions of Clause 3 of Article 2 of Circular No. 08/2013/TT-BNV dated July 31, 2013, issued by the Minister of Home Affairs guiding the implementation of the regular salary grade promotion and early salary grade promotion system for officials, civil servants, and employees (amended at Clause 5 of Article 1 of Circular No. 03/2021/TT-BNV dated June 29, 2021, issued by the Minister of Home Affairs).

Article 5. Application Provisions

In cases where the decision on acceptance or recruitment is promulgated from December 7, 2023 onwards, the time for enjoyment and the time for considering the next salary grade promotion shall be calculated from the date of the competent authority's decision on salary ranking at recruitment or acceptance. The provisions of this Circular regarding salary ranking shall not apply to cases currently serving as civil servants who are being considered for promotion in their profession titles according to the specialized laws.

Article 6. Effectiveness

1. This Circular takes effect from August 15, 2024.

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents; in cases where they become invalid, the corresponding provisions in this Circular shall also become invalid.

3. Repeal Article 9 of Circular No. 07/2022/TT-BNV dated August 31, 2022, issued by the Minister of Home Affairs, which stipulates the position titles, codes, standards for profession titles, examination or assessment for promotion, appointment, and salary ranking for specialized archive civil servants.

4. Repeal Point b Clause 3 Article 16 of Circular No. 02/2021/TT-BNV dated June 11, 2021, issued by the Minister of Home Affairs, which stipulates the codes, professional standards, and salary ranking for administrative civil service grades and archival civil service grades, concerning the application of research project regulations for civil servants promoted to senior specialist and chief specialist grades.

Article 7. Responsibility for Implementation

1. The Minister, 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. During the implementation process, if there are difficulties, please reflect them to the Ministry of Home Affairs for guidance and resolution./.