Circular No. 06/2012/TT-BNV guiding responsibilities, specific criteria, tasks, and recruitment of commune-level civil servants pursuant to Decree No. 112/2011/NĐ-CP. This document stipulates specific criteria, tasks for each position of commune-level civil servants, recruitment procedures without examination, probationary period and salary grading for those with working experience.
适用范围
Commune-level civil servants; People's Committee at commune, district, and provincial levels; Department of Civil Service Management; Ministry of Civil Service Management.
要点
- Commune-level civil servants must be at least 18 years old, have completed secondary education, relevant professional qualifications, Computer Level A certificate, and ethnic minority language certificates (if required);
- The responsibility of civil servants is to advise the People's Committee in performing state management functions in the assigned field of work;
- Specific duties of positions such as Chief of Commune Police, Military Commander, Office - Statistics, Land Administration - Construction - Urban Planning and Environment, Finance - Accounting, Justice - Household Registration, Culture - Social Affairs;
- Recruitment of commune-level civil servants without examination if they meet conditions such as educational qualifications and work experience;
- Exemption from the probationary period for those who have worked for a time equivalent to or greater than the prescribed probationary period and have compulsory social insurance contributions;
- Salary grading based on the duration of social insurance contributions and level of education;
🌐 本文件的社会影响
- Establishing a legal basis for the recruitment of commune-level civil servants, ensuring the quality of the civil servant workforce;
- Reducing administrative procedures during the recruitment process of civil servants;
- Enhancing the effectiveness of local state management;
❓ 常见问题
What conditions must commune-level civil servants meet to be recruited without examination?
Must have graduated with a bachelor's degree cum laude or higher, or a master's or doctoral degree in a relevant field; or have at least 60 months of work experience in the required field and meet other specified criteria;
When are commune-level civil servants exempted from the probationary period?
When they have worked for a time equivalent to or greater than the prescribed probationary period and performed tasks suitable for the duties of commune-level civil servants;
How are commune-level civil servants graded for salary?
Salary grading is based on the duration of social insurance contributions, level of education, and implementation of principles stipulated in Joint Circular No. 03/2010/TTLT;
When are commune-level civil servants exempted from the probationary period?
When they have worked for a time equivalent to or greater than the prescribed probationary period and performed tasks suitable for the duties of commune-level civil servants;
When does this circular take effect?
Effective from December 15, 2012.
全文
CIRCULAR
Directive on the functions, duties, powers, organizational structure, and operational mechanisms of the Land Development Center under the Department of Natural Resources and Environment of provinces and centrally governed citiesFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSN ||| concerning duties, specific criteriadevelopment, tasks anddevelopmentapplicationfor communal-level civil servants, town-level civil servants, and district-level civil servantsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.
_____________________
WHEREAS,ứ Government Decree No. 112/2011||| 5 December 2025 12, 2011 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."of the Government on communal-level civil servants, town-level civil servants, and district-level civil servantsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs4. Reserve officer trainees undergoing training for three months or more without participating in social insurance or health insurance; defense workers and civil servants serving in the military when seeking medical examination and treatment.
CamendPursuant to Decree No. 164No. ||| 61/2012/NĐ-CP dated October 10, 2012 8 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;1||| 人民政府关于乡、镇、街道公务员的决定第61号第2012年10月10日第61/2012/NĐ-CP号政府决议关于乡、镇、街道公务员Deputy ministers of ministerial-level agencies, at the request of the General Department of Quality Control and the Legal Department of the Ministry of Science and Technology;amendphủ ban hành Thông tư Hướng dẫnFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. dụng công chức xã, phường, thị trấnof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Pursuant to Decree No. 07/2012/NĐ-CP of February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and activities of specialized inspection;
||| The Minister of Home Affairs issues this Circular guiding the application of communal-level civil servants, town-level civil servants, and district-level civil servantsaCHỨC TRÁCH, TIÊU CHUẨN CỤ THỂ VÀ NHIỆM VỤ CỦA CÔNG CHỨC XÃ, PHƯỜNG, THỊ TRẤNFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSN ||| concerning duties, specific criteriadevelopment, tasks anddevelopmentCHỨC TRÁCH, TIÊU CHUẨN CỤ THỂof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.,
Chapter I
Article 1. Duties
PART 1
Communal-level, town-level, and district-level civil servants (hereinafter referred to as commune-level civil servants) working in specialized positions under the establishment of the People's Committee at the commune level shall be responsible for advising and assisting the People's Committee at the commune level in performing state management functions in their assigned fields and carrying out other tasks assigned by the Chairman of the People's Committee at the commune level.
Article 2. Specific criteria
1. Commune-level civil servants must meet the general criteria stipulated in Article 3 of Decree No. 112/2011/NĐ-CP dated December 5, 2011 of the Government on commune-level civil servants (hereinafter referred to as Decree No. 112/2011/NĐ-CP) and the following specific criteria:
b) Educational level: Graduated from high school;êc) Professional qualification: Graduated from a vocational college or higher in a relevant field that meets the job requirements of the civil servant position being held;
d) Computer skills: Hold a computer office proficiency certificate level A or higher;
a) Age: At least 18 years old;
đ) Ethnic minority language: In areas where ethnic minority languages are required for official duties, they must be proficient in the appropriate ethnic minority language; if they do not know the ethnic minority language at the time of recruitment, they must complete a course in the appropriate ethnic minority language within a specified period after recruitment;
e) After recruitment, they must complete training and development courses in administrative state management and political theory according to the program for the current commune-level civil servant position.
2. Specific criteria for the position of Military Commander at the commune level and Chief of Police at the commune level shall be implemented in accordance with the provisions of the specialized laws applicable to these positions; in cases where the specialized laws do not provide such criteria, they shall be implemented in accordance with Clause 1 of this Article.
3. Based on the criteria for commune-level civil servants stipulated in Clauses 1 and 2 of this Article and taking into account the actual conditions of the locality, the People's Committee of the province, the provincial city directly under the Central Government (hereinafter referred to as provincial level) may consider and decide:
a) Reducing one level in educational qualifications and professional qualifications for commune-level civil servants working in communes recognized by competent authorities as located in mountainous, border, island, remote, ethnic minority, and particularly difficult socio-economic conditions areas; at the same time, developing and implementing plans for training and development to standardize commune-level civil servants in accordance with Clauses 1 and 2 of this Article;
b) Relevant fields of study that meet the job requirements of each commune-level civil servant position;
c) The time frame for newly recruited commune-level civil servants to complete ethnic minority language courses, administrative state management training and development courses, and political theory training and development courses as stipulated in Points đ and e of Clause 1 of this Article.
4. The specific criteria for commune-level civil servants stipulated in Clauses 1, 2, and 3 of this Article serve as the basis for localities to implement personnel planning, source creation, recruitment, utilization, training and development, evaluation, salary grading, promotion, and other systems and policies for commune-level civil servants.
TASKS
c) The time for newly recruited civil servants at the commune level to complete ethnic minority language courses; administrative management training courses and political theory training courses as stipulated in points d and e of Clause 1 of this Article.
4. The specific criteria for civil servants at the commune level prescribed in Clause 1, Clause 2, and Clause 3 of this Article shall serve as the basis for localities to implement planning, source creation, recruitment, utilization, training, capacity building, evaluation, salary grading, salary increment, and other systems and policies for civil servants at the commune level.
PART 2
TASKS
Article 3. Duties of the Head of the Commune Police
1. Advise and assist the People's Committee of the commune to organize the implementation of the tasks and powers of the People's Committee of the commune in the field of security, public order, and social safety within its jurisdiction as prescribed by law.
2. Directly perform the tasks as prescribed by law on commune police and related documents issued by competent authorities.
3. Perform other tasks assigned by the Chairman of the People's Committee of the commune.
4. In cases where regular police forces have not been deployed in towns, the Head of the Town Police shall perform duties as stipulated in Clauses 1, 2, and 3 of this Article within the town's jurisdiction.
Article 4. Duties of the Head of the Militia Self-Defense Forceân su
1. Advise and assist the People's Committee of the commune to organize the implementation of the tasks and powers of the People's Committee of the commune in the field of national defense and militia affairs within its jurisdiction as prescribed by law.
2. Directly perform the tasks as prescribed by law on militia self-defense, total people's defense, military service obligations, and related documents issued by competent authorities.
3. Perform other tasks assigned by the Chairman of the People's Committee of the commune.
Article 5. Duties of the Office - Statistics Officer Ttistics
1. Advise and assist the People's Committee of the commune to organize the implementation of the tasks and powers of the People's Committee of the commune in the fields of: office management, statistics, organization, personnel, commendation and reward, discipline, belief, religion, ethnic groups, and youth within its jurisdiction as prescribed by law.
2. Directly perform the following tasks:
a) Develop and monitor the implementation of work programs, plans, regular and emergency schedules of the People's Council, Standing Committee of the People's Council, People's Committee, and the Chairman of the People's Committee at the commune level;
b) Assist the Standing Committee of the People's Council and the People's Committee at the commune level to organize sessions; prepare conditions to serve sessions and activities of the People's Council and the People's Committee at the commune level;
c) Organize the schedule for receiving citizens and guests of the People's Committee at the commune level; implement clerical work, archive management, single-window mechanism, and interlinked single-window mechanism at the People's Committee at the commune level; receive and transfer complaints and denunciations to the Standing Committee of the People's Council and the People's Committee for consideration and resolution according to their authority; compile, monitor, and report on the implementation of the working regulations of the People's Committee at the commune level and grassroots democracy as prescribed by law;
d) Lead and coordinate with other officials to develop and monitor the implementation of socio-economic development plans; compile, statistically analyze, and report on the situation of industrial, commercial, service, and socio-economic activities within the commune; draft documents upon request of the People's Council, Standing Committee of the People's Council, People's Committee, and the Chairman of the People's Committee at the commune level.
3. Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the People's Committee at the commune level.
Article 6. Duties of the Land Administration - Construction - Urban Management and Environment Officer (for wards and towns) or the Land Administration - Agriculture - Construction and Environment Officer (for communes)for ward, town) or civil servant 3. Amend Clause 3 Article 2 as follows:land administration - agriculture - construction and environment (for communes)
1. Advise and assist the People's Committee at the commune level to organize the implementation of the tasks and powers of the People's Committee at the commune level in the fields of: land, natural resources, environment, construction, urban management, transportation, agriculture, and new rural construction within its jurisdiction as prescribed by law.
2. Directly perform the following tasks:
a) Collect information, compile data, record books, and build reports on land, administrative boundaries, natural resources, environment, biodiversity, planning, construction, urban management, transportation, agriculture, and new rural construction within the commune as prescribed by law;
b) Organize the mobilization of the people to apply scientific and technological advances in production and environmental protection within the commune;
c) Supervise technical aspects of construction projects under the management authority of the People's Committee at the commune level;
d) Lead and coordinate with other officials to implement administrative procedures in receiving files and reviewing to confirm the origin, current status of registration and use of land, disputes over land, and changes in land within the commune; build files and documents on land and permits for renovation and construction of projects and houses within the commune for the Chairman of the People's Committee at the commune level to decide or report to the higher-level People's Committee for consideration and decision as prescribed by law.
3. Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the People's Committee at the commune level.
3. Amend Clause 3 Article 2 as follows:Article 7. Duties of the Finance and Accounting Officer
1. To advise and assist the People's Committee at the commune level in organizing the implementation of tasks and powers of the People's Committee at the commune level in the field of finance and accounting on the territory according to the provisions of the law.
2. Directly perform the following tasks:
1. Advise and assist the People's Committee at the commune level to organize the implementation of the tasks and powers of the People's Committee at the commune level in the fields of finance and accounting within its jurisdiction as prescribed by law.
a) Develop the budget revenue and expenditure plan of the commune for approval by the competent authority; organize the implementation of the budget revenue and expenditure plan and measures to exploit revenue sources within the commune;
b) Inspect and organize financial and budgetary activities according to the guidance of the superior financial agency; settle the commune budget and implement financial and budgetary reporting in accordance with the provisions of the law;
c) Implement budget accounting (commune budget revenue and expenditure accounting, special-purpose fund accounting, other financial activities accounting, cash accounting, deposit accounting, payment accounting, inventory and asset accounting, etc.) as prescribed by law;
3. Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the People's Committee at the commune level.
3. Amend Clause 3 Article 2 as follows:Article 8. Duties of the Justice - Civil Status OfficerứJustice - civil registry
1. Advise and assist the People's Committee at the commune level to organize the implementation of the tasks and powers of the People's Committee at the commune level in the fields of justice and civil status within its jurisdiction as prescribed by law.
2. Directly perform the following tasks:
a) Popularize and educate the law; manage the legal library, organize services for the people to study the law, and organize the collection of opinions from the people within the commune on participating in law-making.
b) Inspect and review the regulatory legal documents of the People's Council and People's Committee at the commune level, report to the competent authority for consideration and decision; participate in civil enforcement work within the commune area;
c) Perform judicial administrative tasks, household registration, certification, nationality certification, and monitor nationality matters within the commune area in accordance with the provisions of the law; coordinate with social and cultural officials to guide the establishment of village regulations and community agreements in villages and residential wards, and educational work within the commune area;
d) Take the lead and coordinate with other officials to carry out grassroots mediation work.
3. Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the People's Committee at the commune level.
Article 9. Duties of Social and Cultural Officialsamendsocial affairs
1. Advise and assist the People's Committee at the commune level in organizing the implementation of its duties and powers in the fields of culture, physical education and sports, tourism, information and communication, labor, war invalids and social affairs, health, and education in accordance with the provisions of the law.
2. Directly perform the following tasks:
a) Organize, monitor, and report on cultural, physical education and sports, tourism, health, and educational activities within the area; organize the implementation of building a cultural lifestyle in the community and a cultural family within the commune area;
b) Carry out information and communication tasks regarding socio-economic conditions in the locality;
c) Conduct population, labor force, employment, and industry statistics within the area; monitor, compile, and report on the number and changes in the situation of policy beneficiaries in labor, war invalids, and social affairs; monitor and urge the implementation and payment of benefits for social policy recipients and those who have rendered meritorious service; manage martyrs' cemeteries and memorials; implement social welfare activities and poverty reduction programs within the commune area;
d) Take the lead and coordinate with other officials and village chiefs, residential ward leaders to establish village regulations and community agreements in villages and residential wards, and implement educational work within the commune area.
3. Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the People's Committee at the commune level.
Chapter II
RECRUITMENT OF COMMUNE LEVEL CIVIL SERVANTS
PART 1
RECRUITMENT
Article 10. Conditions for Registration for RecruitmentdevelopmentFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.
1. The conditions for registering for recruitment of commune-level civil servants shall be implemented in accordance with the provisions of Article 6 of Decree No. 112/2011/ND-CP, including:
a) Qualification and certificate requirements: No distinction is made between forms of training and types of public and private education;
b) Other conditions prescribed in Clause 1 of Article 6 of Decree No. 112/2011/ND-CP according to the requirements of the specific job title of commune-level civil servants to be recruited, established by the People's Committee at the commune level, linked to the field of study, relevant skills, and experience suitable for the specific criteria and duties stipulated for each job title of commune-level civil servants in this Circular;
2. The Chairman of the People's Committee at the commune level shall submit a report on the conditions for registering for recruitment of commune-level civil servants as prescribed in Clause 1 of this Article to the People's Committee at the district level for consideration and decision.
Article 11. Application for Recruitment and Successful Recruitment Administrative Procedure: Recognition of forest tree planting seed sources admitted
1. The application for recruitment of commune-level civil servants includes:
a) A registration form for recruitment of commune-level civil servants in the format issued together with this Circular;
b) A self-written resume with confirmation from the competent authority within thirty days from the date of submission of the application for recruitment;
c) A copy of the birth certificate;
d) Copies of diplomas, certificates, and academic records as required for the applied civil servant position; if graduated but the educational institution has not yet issued a diploma or graduation certificate, then submit a graduation certificate issued by the competent authority;
đ) A health certificate issued by a competent medical organization within thirty days from the date of submission of the application for recruitment;
e) A certificate of priority status in the recruitment of commune-level civil servants (if applicable), certified by the competent authority;
2. The application for recruitment of successful candidates for commune-level civil servants is the successful recruitment application. The application for recruitment is not returned to the applicant and is not used for subsequent recruitment examinations or selections for commune-level civil servants.
Article 12. Announcement of recruitment and receipt of application forms for village-level civil servants Administrative Procedure: Recognition of forest tree planting seed sources recruitmentdevelopmentArticle 3. Functions, duties, powers of Management Boards and duties, powers of the Chairperson, Vice Chairperson (if any), Secretary, and Members of Management Boardsto organization recruiting village-level civil servants
1. The People's Committee at the district level must implement the announcement of recruitment and receipt of application forms for village-level civil servants in accordance with the provisions of Article 17 of Decree No. 112/2011/ND-CP; in addition to the contents prescribed in Clause 1 of Article 17 of Decree No. 112/2011/ND-CP, the recruitment announcement must clearly inform about the examination or selection format and content, examination or selection venue, and examination or selection fees.
2. The Chairman of the People's Committee at the district level organizes and implements examinations or selections for village-level civil servants in accordance with the provisions of Decree No. 112/2011/ND-CP and the Recruitment Regulation for Village-Level Civil Servants issued by the People's Committee at the provincial level. In particular cases of recruitment of village-level civil servants as stipulated in Article 21 of Decree No. 112/2011/ND-CP, they shall be implemented in accordance with the guidelines set out in Articles 15, 16, and 17 of this Circular.
Article 13. Content of the specialized vocational subject examination For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;examination
1. The content of the specialized vocational subject examination during the recruitment examination for village-level civil servants must be based on the qualification standards for professional expertise and duties of each position requiring recruitment. In cases where multiple positions of village-level civil servants with different professional requirements are recruited in the same examination period, the People's Committee at the district level must organize the development of different specialized vocational subject examination questions, ensuring suitability with the requirements of the village-level civil servant positions being recruited.
2. If the People's Committee at the district level cannot develop specialized vocational subject examination questions, the Chairman of the People's Committee at the district level must issue a letter requesting the Department of Home Affairs to develop such examination questions, ensuring suitability with the requirements of the village-level civil servant positions being recruited.
3. Based on the specialized vocational subject examination questions prescribed in Clauses 1 and 2 of this Article, the Chairman of the Recruitment Council for Village-Level Civil Servants decides on the examination questions to be used in the recruitment examination for village-level civil servants.
Article 14. Completion of successful applicant files, recruitment decision, and commencement of worko recruitmentdevelopmentcompletion, recruitment decision, and commencement of work
1. Within thirty days from the date the successful applicant receives the notification of successful recruitment results as prescribed in Clause 3 of Article 19 of Decree No. 112/2011/ND-CP, the successful applicant must go to the Internal Affairs Office of the People's Committee at the district level where the application was submitted to complete the successful application file. The successful application file must be supplemented and completed before signing the recruitment decision, including:
a) Copies of diplomas, certificates, and academic records required for the applied civil servant position, certified by the competent authority;
b) A criminal record certificate issued by the Department of Justice at the place of permanent residence;
c) The certification of diplomas, certificates, academic records, and issuance of the criminal record certificate as prescribed in Points a and b of this Clause must be completed within the time limits specified in Clauses 1 and 2 of this Article.
2. In cases where the successful applicant has legitimate reasons that prevent them from completing the successful application file, they must submit a request for extension before the deadline for completing the successful application file to the Internal Affairs Office. The extension period shall not exceed fifteen days from the end of the deadline for completing the successful application file as specified in Clause 1 of this Article.
3. After the successful applicant completes the successful application file in accordance with Clauses 1 and 2 of this Article, within fifteen days, the Chairman of the People's Committee at the district level must issue a recruitment decision for the successful applicant in accordance with Clauses 1 and 2 of Article 20 of Decree No. 112/2011/ND-CP. If the successful applicant fails to complete the successful application file in accordance with this Article, the Chairman of the People's Committee at the district level will decide to cancel the successful recruitment result.
4. The person recruited as a village-level civil servant must report for duty within the time limit specified in Clause 3 of Article 20 of Decree No. 112/2011/ND-CP.
5. In cases where the successful applicant's recruitment result is canceled as stipulated in Clause 3 of this Article and in cases where the recruited person's recruitment decision is canceled due to failure to report for duty within the time limit specified in Clause 4 of this Article, the Chairman of the People's Committee at the district level will decide to recruit another person with the next lowest recruitment score for the required village-level civil servant position, provided that person meets the conditions specified in Point a and Point b of Clause 1 of Article 13 of Decree No. 112/2011/ND-CP (in the case of organizing a recruitment examination) or in Point a of Clause 1 or Clause 3 of Article 16 of Decree No. 112/2011/ND-CP (in the case of organizing a recruitment selection).
In cases where two or more persons have the same next lowest recruitment score, the Chairman of the People's Committee at the district level will decide on the successful applicant in accordance with Clause 2 of Article 13 of Decree No. 112/2011/ND-CP (in the case of organizing a recruitment examination) or in accordance with Clauses 2 and 3 of Article 16 of Decree No. 112/2011/ND-CP (in the case of organizing a recruitment selection).
PART 2
RECRUITMENT, PROBATIONARY PERIOD, AND SALARY ASSIGNMENT FOR
SPECIAL CASES
Article 15. Conditions and criteria for accepting candidates into commune-level civil servants without examination
1. Persons who have graduated from university with a first-class degree or higher domestically, or a second-class degree or higher abroad, as stipulated in Point a Clause 1 Article 21 Decree No. 112/2011/ND-CP, and persons holding a master's or doctoral degree in a relevant field to the position of commune-level civil servant to be recruited may be considered for acceptance into commune-level civil servants without examination if they meet the following conditions and criteria:
a) Meeting the registration conditions for the recruitment of commune-level civil servants as prescribed in Article 10 of this Circular;
b) Graduating from university with a first-class degree or higher domestically or a second-class degree or higher abroad, or having obtained a master's or doctoral degree in a relevant field to the position of commune-level civil servant to be recruited; in cases where such persons have worked after graduation, their work period must be evaluated as satisfactorily completing assigned tasks without violating laws to the extent of being subject to disciplinary action or criminal prosecution.
The determination of graduating from university with a first-class degree or higher domestically or a second-class degree or higher abroad shall be based on the classification on the graduation certificate or the graduation certification document issued by the competent authority (in cases where the graduation certificate has not yet been received); in cases where the graduation certificate or graduation certification document does not include a classification, the Chairman of the People's Committee at the district level shall report in detail the overall academic results and graduation defense results of the person concerned to the Chairman of the People's Committee at the provincial level for consideration and decision.
2. Persons with work experience as stipulated in Point b Clause 1 Article 21 Decree No. 112/2011/ND-CP may be considered for acceptance into commune-level civil servants without examination if they meet the following conditions and criteria:
a) Meeting the registration conditions for the recruitment of commune-level civil servants as prescribed in Article 10 of this Circular;
b) Holding a bachelor's degree or higher; currently working in the relevant sector or field to be recruited; having at least 60 months of work experience in a job suitable for the requirements of the position of commune-level civil servant to be recruited (excluding time working under labor contracts at the commune level, probationary period, trial period; if there is non-continuous work experience, it can be accumulated); during the most recent five years of work, not violating laws to the extent of being subject to disciplinary action or criminal prosecution; meeting the immediate requirements of the position of commune-level civil servant to be recruited.
Article 16. Procedure for accepting commune-level civil servants without examinationdevelopmentFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.
1. The Chairman of the People's Committee at the district level shall establish a Verification and Examination Board for persons proposed for acceptance into commune-level civil servants without examination. The Verification and Examination Board shall consist of 5 or 7 members, including:
a) The Chairperson of the Board is the Chairman or Vice-Chairman of the People's Committee at the district level where the commune-level civil servants are to be recruited;
b) One member is the Director or Deputy Director of the Civil Service Department of the People's Committee at the district level where the commune-level civil servants are to be recruited, serving as Secretary of the Board;
c) Other members are civil servants from the Civil Service Department appointed by the Director of the Civil Service Department; the Chairman or Vice-Chairman of the People's Committee at the commune level where there is a need to recruit commune-level civil servants; representatives of specialized agencies of the People's Committee at the district level related to the position of commune-level civil servant to be recruited.
2. Duties and powers of the Examination Board:
a) Verifying the conditions, criteria, diplomas, and certificates according to the requirements of the position of commune-level civil servant to be recruited;
b) Examining the general knowledge level and professional skills of the proposed candidates. The form and content of the examination shall be determined by the Verification and Examination Board based on the criteria and duties of the position of commune-level civil servant to be recruited, reported to the Chairman of the People's Committee at the district level for consideration and decision before organizing the examination;
c) The Examination and Assessment Board operates under the principle of collective decision-making by majority vote and self-dissolution upon completion of its tasks.
3. The Chairman of the People's Committee at the district level does not need to establish a Verification and Examination Board for cases considered for acceptance into commune-level civil servants without examination, including:
a) Cases where persons currently working in the relevant sector or field to be recruited within the establishment and salary list of party organizations, state agencies, political-social organizations, military units, police units, confidential units, and public service units, and state-owned enterprises, meet all the conditions and criteria stipulated in Clause 2 Article 15 of this Circular;
b) Commune-level cadres who cease to hold office but meet the criteria and can immediately fulfill the duties of the position of commune-level civil servant to be recruited as stipulated in this Circular.
4. The Chairman of the People's Committee at the district level must send a written document to the Chairman of the People's Committee at the provincial level to reach consensus before deciding to accept without examination for cases stipulated in Clause 1 and Clause 2 Article 15 of this Circular (except for cases stipulated in Clause 5 of this Article).
5. Cadres and civil servants not within the scope of transfer, reassignment, or temporary assignment to the commune level as stipulated in Clause 4 Article 61 of the Civil Servants Law and Article 27 Decree No. 112/2011/ND-CP, and employees working in public service units, if they meet the conditions and criteria for consideration for acceptance into commune-level civil servants without examination as stipulated in Clause 2 Article 15 of this Circular and if there are still vacant positions for commune-level civil servants to be recruited, the Chairman of the People's Committee at the district level shall consider and decide to accept them into commune-level civil servants without examination and bear responsibility for his decision. Thereafter, a written report (including a copy of the file of the accepted person) shall be sent to the Chairman of the People's Committee at the provincial level for management, inspection, and supervision purposes.
Article 17. The Administrative Procedure: Recognition of forest tree planting seed sources at the proposal of the Director of the Ministry's Office; For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.Chairman of the People's Committee at the provincial level shall unify opinions on cases of recruitment without examination as provided for in Clause 4, Article 16 of this Circular, including:of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsprovince to unify opinions onớcases of receiving withoutThis Resolution takes effect from the date it is adopted by the National Assembly.situations where there is no recruitment through competitive examination
The application dossier for the Chairman of the People's Committee at the provincial level to unify opinions on situations where there is no recruitment through competitive examination as prescribed in Clause 4 of Article 16 of this Circular includes:
1. A request letter signed by the Chairman or Vice-Chairman of the People's Committee at the district level, specifying the number and positions of commune-level civil servants to be recruited corresponding to each case of recruitment without examination within the quota of commune-level civil servant establishment assigned by the People's Committee at the provincial level; the proposed location for placement of commune-level civil servants after recruitment; and the proposed salary grade for cases where there is work experience with mandatory social insurance contributions, in accordance with Article 19 of this Circular.
2. Minutes and results of the meeting of the Examination Board for cases that must undergo examination and assessment. For cases not required to undergo examination and assessment as stipulated in Clause 3, Article 16 of this Circular, there must be a letter requesting recruitment from the Chairman of the People's Committee at the commune level where there is a need for recruitment of commune-level civil servants without examination.
3. The dossier of the person proposed for recruitment as a commune-level civil servant without examination, including:
a) A self-written resume certified by the competent authority within thirty days from the date of submission of the application dossier for recruitment as provided for in Clause 1, Article 15 of this Circular; a resume according to Model No. 2c issued together with Decision No. 02/2008/QĐ-BNV dated October 6, 2008 of the Minister of Home Affairs on the issuance of forms for managing cadres' and civil servants' files, certified by the organization or unit where the person works within thirty days from the date of submission of the application dossier for recruitment as provided for in Clause 2, Article 15 of this Circular;
b) A copy of the birth certificate.
c) Copies of certificates and diplomas required for the position of commune-level civil servant being applied for, certified by the competent authority;
d) Copies of academic records required for the position of commune-level civil servant being applied for, certified by the competent authority, for cases of recruitment as provided for in Clause 1, Article 15 of this Circular;
đ) A health certificate issued by a competent medical organization within thirty days from the date of submission of the application for recruitment;
e) A criminal record certificate issued by the Department of Justice in the place of permanent residence within thirty days from the date of submission of the application dossier. For cases not required to undergo examination and assessment when recruited as a commune-level civil servant without examination as provided for in Clause 3, Article 16 of this Circular, a criminal record certificate is not required;
g) A self-assessment form regarding political qualities, moral qualities, professional qualifications, work experience, and awards received, with comments and confirmation by the head of the organization or unit where the person works, for cases of recruitment as provided for in Clause 2, Article 15 of this Circular.
4. Within thirty days from the date of receipt of the complete dossier of the Chairman of the People's Committee at the district level as provided for in Clauses 1, 2, and 3 of this Article, the Chairman of the People's Committee at the provincial level must issue a response letter; if no response is given, it will be deemed as agreement. If the dossier is incomplete, the Chairman of the People's Committee at the provincial level must issue a letter requesting the Chairman of the People's Committee at the district level to supplement and complete the dossier within fifteen days from the date of receipt of the request.
5. The Chairman of the People's Committee at the district level is responsible for the conditions, standards, qualities, professional qualifications, and dossier of the person proposed for recruitment as a commune-level civil servant without examination. The Director of the Department of Home Affairs is responsible for assisting the Chairman of the People's Committee at the provincial level in reviewing the conditions, standards, procedures, and dossier for the recruitment of commune-level civil servants without examination.
3. Amend Clause 3 Article 2 as follows:Article 18. Cases exempted from probation period 1. A person recruited into the position of commune-level civil servant in the Office - Statistics, Land Administration - Construction - Urban Management and Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Work, is exempted from the probation period if they meet the following conditions:
a) They have worked with mandatory social insurance contributions for a period equal to or longer than the probation period specified in Clause 2, Article 22 of Decree No. 112/2011/NĐ-CP corresponding to the position of commune-level civil servant recruited;
b) During the period of work with mandatory social insurance contributions as specified in point a of this clause, the person recruited as a commune-level civil servant has performed tasks relevant to the duties of the position of commune-level civil servant recruited.
2. A person recruited as a commune-level civil servant who does not meet the conditions specified in Clause 1 of this Article must undergo the probation period; the time spent performing the tasks specified in point b of Clause 1 of this Article (if applicable) is counted towards the probation period.
Salary grading for
Article 19.cases with work in the Field of Teachers and Educational Institution Managers experience with mandatoryThis Resolution takes effect from the date it is adopted by the National Assembly.social insurance contributions upon recruitment as a commune-level civil servant organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.1. Cases as provided for in Clause 2, Article 21 of Decree No. 112/2011/NĐ-CP shall be graded according to the administrative civil service rank as prescribed in Article 3 of Joint Circular No. 03/2010/TT-BNV-BTC-BLĐTB&XH dated May 27, 2010 of the Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on the positions, number, and some policies for cadres and civil servants at communes, wards, towns, and non-professional staff at the commune level (hereinafter referred to as Joint Circular No. 03/2010/TTLT). The salary grading for each case shall be carried out as follows:developmenta) Based on the period of mandatory social insurance contributions (excluding the probation and trial periods as prescribed) corresponding to the educational qualifications of each case, they shall be placed in a specific grade within the administrative civil service rank as prescribed in Article 3 of Joint Circular No. 03/2010/TTLT according to the following principle:
1. Cases prescribed in Clause 2 of Article 21 of Decree No. 112/2011/ND-CP shall be assigned salaries according to the civil service rank as stipulated in Article 3 of Joint Circular No. 03/2010/TT-BNV-BTC-BLDTBXH dated May 27, 2010 issued by the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on job titles, quantity, and some systems and policies for cadres and civil servants at communes, wards, towns, and non-professional staff at the commune level (hereinafter referred to as Joint Circular No. 03/2010/TTLT). The assignment of salaries for each case shall be carried out as follows:
a) Based on the period of compulsory social insurance contributions (excluding probationary and trial periods as prescribed) corresponding to the level of education in the relevant professional and vocational fields for each case, they shall be assigned to a grade within the civil service rank as stipulated in Article 3 of Joint Circular No. 03/2010/TTLT according to the following principle:
After each period of three years (thirty-six months) if there is mandatory social insurance contribution based on a bachelor's degree or higher, one rank level within the specialist grade (code 01.003) shall be assigned; if there is mandatory social insurance contribution based on an associate degree, one rank level within the associate specialist grade (code 01a.003) shall be assigned; after each period of two years (twenty-four months) if there is mandatory social insurance contribution based on a degree below an associate degree, one rank level within the corresponding grade shall be assigned.
After converting the time to assign to a rank level within the administrative civil servant grade for communal-level civil servants according to the above principle, if there are months not reaching thirty-six months for the specialist grade and the associate specialist grade or not reaching twenty-four months for the grade requiring a degree below an associate degree, these months shall be counted towards the time for considering promotion to the next rank level within the assigned administrative civil servant grade. In cases where the final rank level within the administrative civil servant grade is assigned but there is still surplus working time with mandatory social insurance contributions, this surplus working time shall be calculated for enjoying the seniority allowance exceeding the framework as follows: after three years (thirty-six months) for the specialist grade and the associate specialist grade and after two years (twenty-four months) for the grade requiring a degree below an associate degree, five percent shall be enjoyed; for each subsequent year (twelve months), an additional one percent shall be enjoyed.
b) When implementing the assignment of salary and calculation of the seniority allowance exceeding the framework, according to the principle at point a clause of this section, if during the working time of the person being assigned a salary, there is a year without completing the assigned tasks or being disciplined (reprimand or warning), six months shall be deducted for each year without completing the assigned tasks or for each disciplinary action; if demotion or removal from office is imposed, twelve months shall be deducted for each disciplinary action; if in a year, both failing to complete the assigned tasks and being disciplined occur, the deduction time for that year shall only be calculated according to the deduction time of the disciplinary form.
c) After assigning salary according to the provisions of clause 1 of this Article, if the salary coefficient (including the seniority allowance exceeding the framework if applicable) assigned according to the administrative civil servant grade is lower than the salary coefficient already enjoyed at the time of recruitment as a communal-level civil servant, the difference coefficient shall be retained to equal the already enjoyed salary coefficient. This retained difference coefficient shall decrease correspondingly when the communal-level civil servant receives a salary increase, enjoys the seniority allowance exceeding the framework within the assigned administrative civil servant grade, or is assigned a salary within a higher administrative civil servant grade.
3. Based on the provisions of clauses 1 and 2 of this Article, the Chairman of the People's Committee of the district must propose specific salary assignments for each case having working time with mandatory social insurance contributions upon recruitment as a communal-level civil servant and submit a document (attached with a certified copy of the social insurance number of each case) requesting the Chairman of the People's Committee of the province to agree before making a decision. The deadline for the Chairman of the People's Committee of the province to respond shall be carried out according to the provision of clause 4 of Article 17 of this Circular.
Chapter III
EFFECTIVENESS AND RESPONSIBILITY FOR IMPLEMENTATION
Article 20. Effective Date
1. This Circular takes effect from December 15, 2012.
2. Abolish the provisions applicable to communal-level civil servants in the following documents:
a) Circular No. 03/2004/TT-BNV dated January 16, 2004 of the Ministry of Home Affairs guiding the implementation of Decree No. 114/2003/NĐ-CP dated October 10, 2003 of the Government on cadres and civil servants of communes, wards, and towns;
b) Decision No. 04/2004/QĐ-BNV dated January 16, 2004 of the Minister of the Ministry of Home Affairs on issuing specific standards for cadres and civil servants of communes, wards, and towns.
Article 21. Responsibility for Implementation
1. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees, and directly governed cities' committees, and related organizations, groups, and individuals are responsible for implementing this Circular.
2. During the implementation of this Circular, if there are difficulties, organizations and individuals are requested to send their opinions to the Ministry of Home Affairs for research and resolution.
原始文件(PDF)
关系图
点击文件即可打开。红色边框=改变效力的关系。