Circular No. 07/2007/TT-BNV guiding the implementation of Decree No. 09/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, use, and management of officials and civil servants in state agencies, and guiding some articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, use, and management of officials and civil servants in state agencies.

CIRCULAR

Guidelines for implementing Decree No. 09/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of civil servants in state agencies, and guiding certain provisions of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of civil servants in state agencies.of the Government amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of civil servants in state agencies,and guiding certain provisions of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of civil servants in state agenciesImplementing Decree No. 09/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of civil servants in state agencies (hereinafter referred to collectively as Decree No. 09/2007/NĐ-CP), and Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of civil servants in state agencies (hereinafter referred to collectively as Decree No. 117/2003/NĐ-CP), the Ministry of Home Affairs guides the implementation of certain contents regarding the work of recruitment, utilization, and management of civil servants in state agencies (hereinafter referred to collectively as civil servants) as follows:I. ON THE RECRUITMENT OF CIVIL SERVANTS1. Regarding registration for recruitment and the implementation of recruitment of civil servants into state agencies:

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a) The person registering to apply for civil servant positions must prepare an application file in accordance with the prescribed 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 before the law.

b) Announcement of successful candidates: The Recruitment Board must publicly post the list of successful candidates at the location where the applicants submitted their files, and simultaneously send the results of the successful candidates to the applicants at the address registered by the applicants.

c) Within 15 days from the date of receipt of the notification of successful candidacy in the recruitment period, the successful candidate has the responsibility to complete the application file as prescribed and present the original copies of diplomas, certificates, or related documents (if any) to the competent authority recruiting civil servants. In cases of force majeure such as illness, accidents, bereavement... the time limit for completing the file may be extended up to 15 days but must be confirmed by the competent authority.

d) When reviewing the application file of the successful candidate, if the competent authority recruiting discovers and verifies that the diploma, certificate is not legal or does not belong to the category eligible for preferential recruitment (if any) as declared in the application file, the result of successful candidacy will be annulled.

đ) After concluding that the successful candidate has completed the file according to the regulations, the competent authority recruiting civil servants issues a decision to recruit the successful candidate as a civil servant according to the regulations.

2. On the conditions for recruitment of civil servants:

a) The person registering to apply for civil servant positions must commit in the application form to meet all the conditions and standards currently prescribed and publicly announced. (the application form for registration is attached hereto).

b) Regarding diplomas and certificates: The applicant must have all the diplomas and certificates of appropriate level corresponding to the requirements of the position applied for without distinction between types of training, training results, or public and private institutions.

c) Based on the nature and specialty characteristics of the position, rank of civil servant to be recruited, the competent authority recruiting civil servants may supplement additional recruitment conditions, but these supplementary conditions shall not be lower than or contrary to the current regulations of the State. The head of the competent authority recruiting civil servants shall bear personal responsibility for supplementary conditions contrary to the law.

d) Besides the priority groups already defined by the Government, Ministries, sectors, and provincial People's Committees directly under the Central Government shall not define additional priority groups.

3. On the Recruitment Board:

a) Members of the Recruitment Board for civil servants include: Chairman of the Board and members of the Board appointed by the head of the competent authority managing civil servants. Among them, one member serves as Secretary of the Board, who is a civil servant assigned to manage the recruitment work of the organization assisting the competent authority managing civil servants.

b) Members 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. Those involved in the Examination Committee and Sealing Committee shall not participate in the Grading Committee.

c) Those having kinship relations with the applicant (father, mother, wife, husband, child, brother, sister, half-brother, half-sister) shall not be appointed to the Recruitment Board and its supporting units.

4. On examination subjects and scoring methods:

a) For applicants applying for type A civil servant positions, the applicant must take the following examinations:

- Administrative subject including contents related to administrative management and specialized knowledge (if any) suitable for recruitment requirements. Examination format: written and multiple-choice tests. Written test duration: 120 minutes; multiple-choice test duration: 30 minutes.

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

- Office computer skills: practical test on the computer or multiple-choice test, if multiple-choice test, duration: 30 minutes; if practical test on the computer, duration: 60 minutes.

b) For applicants applying for type B civil servant positions, the applicant must take the following examinations:

- Administrative subject including contents related to administrative management and specialized knowledge (if any) suitable for recruitment requirements. Examination format: written and multiple-choice tests. Written test duration: 90 minutes; multiple-choice test duration: 30 minutes.

- Computer Office Skills subject: practical examination on computer or multiple-choice test; if it is a multiple-choice test, the duration is 30 minutes; if it is a computer-based examination, the duration is 60 minutes.

b) For candidates registering for recruitment to Class B civil servants, the applicant must take all of the following subjects:

- State Administration subject includes contents related to state administrative management and specialized vocational knowledge (if applicable) in accordance with the recruitment requirements. Examination format: written examination and multiple-choice test. Duration of written examination: 90 minutes; duration of multiple-choice test: 30 minutes.

- Foreign language subject: Level A (one of five languages: English, Russian, French, Chinese, German, or another foreign language as required by the job position). Examination format: written and oral tests. Written test duration: 90 minutes; oral test duration: 15 minutes.

- Computer Office Skills subject: practical examination on computer or multiple-choice test; if it is a multiple-choice test, the duration is 30 minutes; if it is a computer-based examination, the duration is 60 minutes.

c) For candidates applying for recruitment to Class C civil servants, the recruitment board of the agency shall base its decision on the candidate's academic credentials, certificates, examination format, health condition, and moral character (which may be combined with direct skill assessment) to determine recruitment.

d) For candidates applying for positions in regions or localities requiring ethnic minority languages, the foreign language subject can be replaced by an ethnic minority language. The level requirements, examination format, and duration shall be decided by the Chairman of the Civil Service Recruitment Board.

đ) For certain specialized fields or jobs that require higher levels of foreign language and computer skills than the general standard, such as diplomacy, trade, international cooperation, interpreting, science and technology, computing, etc., the recruitment board shall decide on the degree, content, format, and duration of the foreign language and computer examinations based on the specific job requirements.

e) In cases where organizations recruit leaders from the position of department head or deputy department head upwards: Ministries, sectors, and localities must develop pilot projects to send to the Ministry of Home Affairs for unified opinions before organizing the recruitment. For these examinations, ministries, sectors, and provinces may add additional subjects such as program development and defense, and handling management and leadership situations.

f) Point calculation method:

- Points for the public administration subject and foreign language subject are calculated based on taking the written test score multiplied by 2 plus the multiple-choice test (or speaking test) score, then dividing the total score by 3. Other subjects are calculated at a factor of 1.

- In cases specified in point đ clause 4 section I of this Circular for certain specialized fields related to foreign affairs such as diplomacy, international cooperation, interpreting, the foreign language subject is calculated at a factor of 2. Other subjects are calculated at a factor of 1.

- In cases specified in point đ clause 4 section I of this Circular for certain specialized fields related to information technology and computing, the computing subject is calculated at a factor of 2. Other subjects are calculated at a factor of 1.

g) Examination results: The examination results of each examination period are only valid for that examination period and do not retain examination results.

5. Regarding the probationary period:

a) The probationary period applies only to Class C civil servants, with a duration of three months starting from the date when the recruitment decision becomes effective.

b) During the probationary period, if a Class C civil servant takes leave for less than five days with a valid reason approved by the directly using agency, this time will be counted towards the probationary period according to regulations.

c) In cases where a civil servant takes leave for a reason exceeding the time specified in point b clause 5 section I of this Circular or starts work after the recruitment decision becomes effective, the probationary period must be extended by the exact time of delayed start or leave taken.

d) In cases where cadres or civil servants have ceased employment and received cessation benefits, if they are recruited as civil servants, the procedures and formalities shall be applied as for initial recruitment.

6. Regarding transfer and acceptance:

a) State agencies needing to supplement capable and experienced personnel to immediately meet job requirements may consider transferring or accepting cadres, civil servants, and officials from state agencies, organizations, units, armed forces agencies, and village people's committees upon approval by the Minister, Head of a ministry equivalent to a ministry, or provincial People's Committee Chairperson.

b) Cadres, civil servants, and officials being transferred or accepted must meet the conditions and standards stipulated in clauses 1 and 4 of Article 5 of Decree No. 117/2003/NĐ-CP, amended by clause 1 of Article 1 of Decree No. 09/2007/NĐ-CP.

c) When implementing transfers and acceptances guided by point a and point b clause 6 section I of this Circular, it is necessary to ensure transparency, democracy, and accountability within the agency and take responsibility for decisions made.

d) Appointment to rank and salary adjustment for those transferred or accepted shall be carried out according to the general provisions of the State.

đ) After implementing the transfer and acceptance of cadres and civil servants as guided by this Circular, the competent authority managing cadres and civil servants shall submit a report (in the form attached to this Circular) to the Ministry of Home Affairs for monitoring and comprehensive compilation.

II. REGARDING THE TRANSFER OF CIVIL SERVANT CLASSES

1. Civil servants of Class B or Class C who have graduated from university, college, or secondary school, if the agency has positions and needs and arranges them in appropriate positions corresponding to their new educational qualifications and meet the prescribed standards and conditions, may be considered for transfer to Class A or Class B civil servants. After the transfer, the civil servant shall be appointed to the corresponding civil service rank.

2. Standards and conditions for considering the transfer of civil servant classes:

a) Agencies and units have positions and needs based on the civil servant structure of the agency approved by the competent authority;

b) Tenure requirement for each case when considering the transfer of civil servant classes;

- Civil servants of Class C transferring to Class B must have continuously worked in the Class C position for three years (36 months);

- Civil servants of Class B transferring to Class A must have continuously worked in the Class B position for three years (36 months);

- Civil servants of Class C transferring to Class A must have continuously worked in the Class C position for five years (60 months);

c) Meeting the requirements of academic credentials, certificates, and vocational standards prescribed for the civil service rank corresponding to the class of civil servant being transferred;

d) Fulfilling all duties and responsibilities of cadres and civil servants as stipulated in the Civil Servant Law;

đ) Not currently under disciplinary action.

3. Procedures for considering the transfer of civil servant classes:

a) Civil servants meeting the above conditions and standards, if they wish to transfer civil servant classes, must submit a request to the competent authority managing and using civil servants for consideration and resolution.

b) Based on the分级管理公职人员的权限，使用公职人员的机关负责人负责审查和评估公职人员的水平、能力、标准和条件，并根据机关的需求提出申请文件，附上简要名单提交给有权调整公职人员类别的机关（通过组织人事部或内务厅）进行审议。

c) The agency with authority to adjust the category of civil servants must establish a Civil Servant Category Adjustment Committee to review and assess the level, ability, standards, and conditions of the proposed category adjustment for civil servants. This committee has the responsibilities as specified in Clauses 4 and 5 of Article 22 of Decree No. 117/2003/NĐ-CP.

d) Based on the standards, conditions prescribed and the structure of civil servant categories within each agency or organization, the Civil Servant Category Adjustment Committee prepares a list of recommendations for the competent authority managing civil servants to consider and decide on the category adjustment for civil servants, while simultaneously notifying the agency authorized to appoint new categories for adjusted civil servants.

đ) By December 15th each year, Ministries, agencies at the level of ministries, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to collectively as Ministries, sectors, and provinces) shall report the list of civil servants who have been adjusted to the Ministry of Home Affairs for inspection and consolidation (according to the attached form in this Circular).

e) The salary grading for civil servants appointed to new categories shall be implemented according to the guidelines for salary grading when upgrading categories, transferring categories, or adjusting categories of civil servants as stipulated by the state.

f) The head of the agency signing the application document or decision on category adjustment for civil servants shall be responsible for the object, standards, and conditions of the civil servants proposed for category adjustment.

III. REGARDING THE ORGANIZATION OF EXAMINATIONS FOR CATEGORY UPGRADE

1. Regulations on nominating civil servants to take examinations for category upgrade

a) By March 31st each year, based on needs and the structure of civil servant categories, agencies with authority to manage civil servants shall develop plans for the demand of civil servants taking examinations for category upgrade for specialized civil servant categories. Subsequently, these plans shall be sent to the Ministry of Home Affairs for consolidation and notification of examination quotas. Beyond this time period, if an agency does not submit a registration document, it will be considered as having no need to nominate civil servants to take the examination that year.

b) Based on the guidelines for organizing examinations for category upgrade and the examination quotas for specialized civil servant categories announced by the state management agency responsible for category upgrades, agencies with authority to manage civil servants shall proceed to organize preliminary selections to nominate civil servants to take the examination in accordance with regulations.

c) After preliminary selection, Ministries, sectors, and provinces shall send the Decision nominating civil servants to take the category upgrade examination along with a brief list of qualified candidates for the examination (in the attached format) to the agency authorized to organize the category upgrade examination.

d) The files of civil servants nominated to take the examination for the Chief Specialist and equivalent categories do not need to be submitted to the agency authorized to organize the examination but should be retained and managed by the agency authorized to nominate civil servants to take the examination. For the high-level category upgrade examination, the registration forms of civil servants taking the examination must be submitted to the agency authorized to organize the examination. After the examination results are recognized by the competent authority, the agency authorized to organize the examination shall send the files and lists of successful candidates to the Ministry of Home Affairs for appointment to the category and storage as required.

đ) Ministries, sectors, and localities nominating civil servants to take the category upgrade examination shall be responsible for nominating civil servants to take the examination in accordance with regulations. If a civil servant uses illegal academic degrees or certificates, or makes false declarations to meet the examination criteria and conditions, they will be subject to disciplinary action as stipulated and their examination results will be nullified.

In cases where inspections reveal that nominated candidates for the examination do not meet the prescribed standards and conditions or do not match the needs and job positions, they shall not be allowed to participate in the examination. If they have already taken the examination, their results will be nullified, and if they have been appointed to the examination category, the appointment decision must be revoked.

Prior to organizing the examination, the Examination Committee for Category Upgrade shall report the list of examinees to the state management agency responsible for category upgrades for inspection (according to the attached report form in this Circular).

g) Civil servants who fail in the category upgrade examination, if nominated again to take the examination later, must retake all subjects as required.

The state management agency responsible for category upgrades shall supervise and inspect the organization of category upgrade examinations conducted by agencies authorized to implement them.

2. Regarding the criteria and conditions for registering to take the category upgrade examination.

Civil servants taking the category upgrade examination must meet the professional standards of the category being upgraded; possess the necessary academic degrees and training certificates; reach a minimum salary grade difference not exceeding two grades compared to Grade 1 of the registered category, and satisfy other necessary conditions as prescribed.

3. The Examination Committee for Category Upgrade:

a) Members of the Examination Committee for Category Upgrade include: the Chairman of the Committee and Committee members appointed by the head of the agency authorized to organize the category upgrade examination.

b) Members participating in assisting the Examination Committee (Examination Board, Grading Board, Sealing Board) are decided by the Chairman of the Examination Committee. Members who have participated in the Examination Board or Sealing Board shall not participate in the Grading Board.

4. Regarding Appointment to Categories

a) Based on the decision recognizing the examination results of the agency authorized to organize the category upgrade examination, the agency authorized to manage civil servants shall issue a decision to appoint and grade the salary for civil servants who have passed the examination according to regulations. Subsequently, this shall be reported to the Ministry of Home Affairs for overall monitoring.

b) At the end of the category upgrade examination, the agency authorized to organize the examination shall report the examination results to the Ministry of Home Affairs.

IV. IMPLEMENTATION

1. When Ministries, agencies at the level of ministries, government agencies, and provincial People's Committees and municipal People's Committees directly under the central government recruit civil servants for administrative state agencies, they shall follow the guidelines set out in Circular No. 09/2004/TT-BNV dated February 19, 2004, issued by the Ministry of Home Affairs, guiding the implementation of Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government on the recruitment, use, and management of cadres and civil servants in administrative state agencies, and this Circular.

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

3. Repeal the provisions guiding the implementation of recruitment, employment, and management of civil servants in state agencies as set out in Circular No. 74/2005/TT-BNV dated July 26, 2005, issued by the Ministry of Home Affairs to guide certain articles of Decree No. 115/2003/NĐ-CP, Decree No. 116/2003/NĐ-CP, and Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government regarding the reserve civil servant system; regarding recruitment, employment, and management of cadres and civil servants in state-run units; and regarding recruitment, employment, and management of cadres and civil servants in state agencies.

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