Circular No. 06/2007/TT-BNV guiding the implementation of Decree No. 08/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing some articles of Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system and guiding the supplementation of some articles of Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system.

CIRCULAR

Guidelines for Implementing Decree No. 08/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing certain provisions of Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system and

supplementing guidelines for certain provisions of Decree No. 115/2003/NĐ-CP

dated October 10, 2003 of the Government on the probationary civil servant system

Guidelines for supplementing certain provisions of Decree No. 115/2003/NĐ-CP

dated October 10, 2003 of the Government on the probationary civil servant system

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Implementing Decree No. 08/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing certain provisions of Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system (hereinafter referred to collectively as Decree No. 08/2007/NĐ-CP) and Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system, the Ministry of Home Affairs provides guidance on implementing certain contents regarding the probationary civil servant system as follows:

I. REGARDING THE RECRUITMENT AND USE OF PROBATIONARY CIVIL SERVANTS

1. Regarding registration for recruitment and implementation of the recruitment of probationary civil servants:

a) The person registering to apply for probationary civil servant positions must prepare an application file in accordance with the regulations and submit it to the Recruitment Board. Copies of diplomas, certificates, and related documents included in the application file must be certified as true copies from the original, signed and personally responsible by the applicant under the law;

b) Notification of successful candidates: The Recruitment Board must publicly post the list of successful candidates at the location where the applicants submitted their files and send notification of the results to the applicants at the addresses they have registered;

c) Within fifteen days from receiving the notification of successful candidacy, the successful candidate is responsible for completing the application file as prescribed and presenting the original copies of diplomas, certificates, or priority documents (if any) to the competent authority recruiting civil servants. In special cases such as illness, accidents, bereavement..., the time to complete the file may be extended but not more than fifteen days and must be confirmed by the competent authority;

d) When reviewing the application file of the successful candidate, if the competent authority recruiting finds and verifies that the diplomas, certificates are not legal or do not fall within the scope of priority recruitment (if any) as declared in the application file, the result of successful candidacy will be automatically nullified;

đ) After concluding that the successful candidate has completed the file according to the regulations, the competent authority recruiting probationary civil servants shall issue a decision to recruit the successful candidate into probationary civil servants as prescribed.

2. Regarding conditions for recruitment of probationary civil servants:

a) Persons applying to become probationary civil servants in state agencies must declare in the application form that they meet all the conditions and standards currently prescribed and publicly announced. (The application form is attached to this Circular);

b) Regarding diplomas and certificates: Applicants need to possess all diplomas and certificates of appropriate level corresponding to the requirements of the position applied for without distinction between types of training, training outcomes, public and private institutions;

c) Based on the nature and characteristics of the specialized and professional requirements of the position to be filled, the recruiting agency may add additional recruitment conditions, but these additional conditions must not contravene current national regulations. The head of the agency authorized to recruit probationary civil servants shall bear personal responsibility for additional conditions that violate the law;

d) In addition to the priority groups already defined by the Government, Ministries, sectors, and provincial/municipal People's Committees directly under the Central Government shall not independently define additional priority groups.

3. Regarding the Recruitment Board:

a) Members of the Recruitment Board for probationary civil servants include: the Chairman of the Board and Board members appointed by the head of the agency authorized to manage civil servants;

b) Those participating in the support team for the Recruitment Board (Examination Committee, Grading Committee, Sealing Committee) are selected and decided by the Chairman of the Recruitment Board. Individuals who have participated in the Examination Committee or Sealing Committee shall not participate in the Grading Committee;

c) Individuals with kinship relations to the applicants (father, mother, wife, husband, child, brother, sister) shall not be appointed to the Recruitment Board or its supporting teams.

4. Regarding examination subjects and scoring methods:

a) For examinations to recruit probationary civil servants to fill positions of type A, the applicants must take the following subjects:

- Administrative Law subject including contents related to administrative management and specialized professional knowledge (if applicable) in accordance with recruitment requirements. Examination format: written test and multiple-choice test. Written test duration: 120 minutes; multiple-choice test duration: 30 minutes.

- Foreign Language subject (one of five languages: English, Russian, French, Chinese, German or other language as required by the job position) at level B. Examination format: written test and oral test. Written test duration: 90 minutes; oral test duration: 15 minutes.

- Office Software subject: Practical test on computer or multiple-choice test. If taking a multiple-choice test, duration: 30 minutes; if taking a practical test on computer, duration: 60 minutes.

b) For examinations to recruit probationary civil servants to fill positions of type B, the applicants must take the following subjects:

- Administrative Law subject including contents related to administrative management and specialized professional knowledge (if applicable) in accordance with recruitment requirements. Examination format: written test and multiple-choice test. Written test duration: 90 minutes; multiple-choice test duration: 30 minutes.

- Foreign Language subject (one of five languages: English, Russian, French, Chinese, German or other language as required by the job position) at level A. Examination format: written test and oral test. Written test duration: 60 minutes; oral test duration: 15 minutes.

- Office Software subject: Practical test on computer or multiple-choice test. If taking a multiple-choice test, duration: 30 minutes; if taking a practical test on computer, duration: 60 minutes.

c) For candidates applying to work in regions or localities with a need for ethnic minority languages, the foreign language subject may be replaced by an ethnic minority language subject. The level of proficiency, examination format, and examination time shall be decided by the Chairman of the Examination Council for Probationary Civil Servants.

d) For certain specialized fields or jobs that require a higher level of foreign language and information technology skills than the general standard, such as diplomacy, trade, international cooperation, interpretation, science and technology, information technology..., the Examination Council will decide on the degree, content, format, and duration of the foreign language and information technology examinations based on the specific requirements of the job.

đ) Calculation of scores:

- The score for the administrative statecraft subject and the foreign language subject is calculated based on the written test score multiplied by a factor of 2 plus the multiple-choice test (or oral test) score, the total score divided by 3. Other subjects are calculated at a factor of 1.

- In cases specified in point d, Clause 4, Section 1 of this Circular for certain specialized fields related to foreign affairs such as diplomacy, international cooperation, interpretation, the foreign language subject is calculated at a factor of 2. Other subjects are calculated at a factor of 1;

- In cases specified again in point d, Clause 4, Section I of this Circular for certain specialized fields related to information technology and information technology, the information technology examination subject is calculated at a factor of 2. Other examination subjects are calculated at a factor of 1.

5. Regarding the implementation period of the probationary civil servant system:

a) The implementation period of the probationary civil servant system is twelve months for those recruited to supplement Class A civil servants and six months for those recruited to supplement Class B civil servants, starting from the date when the recruitment decision takes effect;

b) During the implementation period of the probationary civil servant system, if a probationary civil servant takes leave for reasons less than fifteen days for Class A probationary civil servants and ten days for Class B probationary civil servants, and such leave is approved by the direct employing agency, then this period is counted towards the implementation period of the probationary civil servant system;

c) In cases where the leave taken for reasons exceeds the time specified in point b, Clause 5, Section I of this Circular or where the person reports for duty after the effective date of the recruitment decision, the implementation period of the probationary civil servant system must be extended by the exact amount of time taken for late reporting or leave;

6. Regarding the regulations and policies for certain cases in the recruitment of probationary civil servants:

a) Cases recruited as probationary civil servants after July 1, 2003, who have completed or exceeded the implementation period of the probationary civil servant system as stipulated in Clause 6, Article 1 of Decree No. 08/2007/ND-CP but have not been officially appointed to a civil service rank, the competent authority managing probationary civil servants shall conduct an evaluation and appoint these probationary civil servants to a civil service rank. The time for the next salary increment and tenure in the rank shall be calculated from the date when the probationary civil servant has completed the probationary civil servant system for twelve months (for Class A civil servants) and six months (for Class B civil servants);

b) Cases recruited as probationary civil servants in state agencies who had continuous employment under contracts prior to July 1, 2003, and contributed to social insurance at the same agencies, and who do not fall under the category of labor contracts regulated by Decree No. 68/2000/ND-CP dated November 17, 2000 of the Government on implementing the contract system for certain types of work in state administrative agencies and public institutions, if their previous work was compatible with the civil service rank they applied for and met the conditions and standards set at the time of the first contract, the time spent under contract shall be counted towards the implementation period of the probationary civil servant system. Time exceeding the probationary civil servant system period shall be counted towards salary increments and tenure in the rank according to current national regulations;

c) Cases that have completed the probationary civil servant system according to the stipulated probation period (twenty-four months) under Decree No. 115/2003/ND-CP dated October 10, 2003 of the Government on the probationary civil servant system and have been appointed to a civil service rank can use the difference between the previous probation period (twenty-four months) and the probation period stipulated in Decree No. 08/2007/ND-CP to calculate tenure in the rank.

II. IMPLEMENTATION

1. Ministries, ministerial-level agencies, government agencies, and provincial people's committees directly under the central government shall implement the recruitment of probationary civil servants according to the guidelines in Circular No. 08/2003/TT-BNV dated February 19, 2004 of the Ministry of Home Affairs guiding the implementation of Decree No. 115/2003/ND-CP dated October 10, 2003 of the Government on the probationary civil servant system, and shall also follow the guidelines in this Circular.

2. This Circular shall take effect fifteen days after its publication in the Official Gazette.

3. Abolish the provisions guiding the probationary civil servant system in Circular No. 74/2005/TT-BNV dated July 26, 2005 of the Ministry of Home Affairs guiding certain articles of Decree No. 115/2003/ND-CP, Decree No. 116/2003/ND-CP, and Decree No. 117/2003/ND-CP dated October 10, 2003 of the Government on the probationary civil servant system; on the recruitment, use, and management of cadres and civil servants in state public institutions; on the recruitment, use, and management of cadres and civil servants in state agencies.

4. Any difficulties encountered during implementation should be reported to the Ministry of Home Affairs for study and resolution./.