Circular No. 08/2004/TT-BNV guiding the implementation of Government Decree No. 115/2003/NĐ-CP dated October 10, 2003 on the probationary civil servant system

CIRCULAR

Guidelines for Implementing Decree No. 115/2003/NĐ-CP dated October 10, 2003

of the Government on the Cadre Probationary System

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Implementing Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the Cadre Probationary System (hereinafter referred to as Decree No. 115/2003/NĐ-CP), the Ministry of Home Affairs provides guidelines for implementation as follows:

I. GENERAL PROVISIONS

1. A probationary cadre is a Vietnamese citizen within the establishment, receiving salary from the state budget, who meets the required standards and conditions and is recruited to supplement the cadre and civil servant workforce as stipulated in point b, point c, Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Ordinance dated April 29, 2003.

2. The probationary civil servant system shall be implemented in the following state agencies:

2.1. Organizations under the National Assembly Office performing functions and tasks assisting the National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, and the Committees of the National Assembly, and the Committees of the Standing Committee of the National Assembly (excluding affiliated public service units);

2.2. Organizations assisting the Chairman of the State President's Office in serving the President in carrying out functions and tasks as prescribed by the Constitution and laws;

2.3. Organizations assisting the People's Courts and People's Procuratorates at all levels in carrying out functions and tasks as prescribed by the Constitution and laws (excluding affiliated public service units);

2.4. Organizations assisting Ministers, Heads of Ministries equivalent to the Government, and Heads of Government Agencies in managing state affairs;

2.5. Organizations assisting Provincial People's Councils, People's Committees of centrally governed cities, and District People's Councils, People's Committees of districts, towns, and provincial-level cities in managing state affairs.

3. Recruitment of probationary cadres shall only be conducted for the positions of Assistant Officer, Clerk, and equivalent positions.

II. RECRUITMENT AND USE OF PROBATIONARY CADRES

1. Forms of recruitment

Recruitment of probationary cadres must be carried out by Ministries, Ministries equivalent to the Government, and Provincial People's Committees through competitive examinations. Only those who commit to voluntarily working for five years or more in areas recognized by the State as highlands, remote, mountainous, border, island regions, or to meet the requirements for building a cadre and civil servant workforce in ethnic minority regions shall be considered for direct recruitment.

2. Conditions and criteria for application

2.1. Individuals wishing to be recruited as probationary cadres in state agencies must meet the registration conditions specified in Article 5 of Decree No. 115/2003/NĐ-CP.

2.2. Individuals recruited as probationary cadres must hold Vietnamese citizenship and have a permanent residence address within the territory of Vietnam.

2.3. Application materials include:

2.3.1. A resume according to the prescribed form, confirmed by the People's Committee of the commune, ward, town where the applicant resides or by the organization or institution where the applicant is currently working or studying;

2.3.2. A copy of the birth certificate;

2.3.3. Copies certified by competent authorities of academic degrees, certificates, and transcripts consistent with the requirements of the position applied for (academic degree in specialized vocational subjects, foreign language certificates as required by the position applied for; office automation certificates, proficient computer usage). Original documents must be presented for verification upon successful selection;

2.3.4. Health certificate issued by a health agency at district or higher level. The health certificate is valid for six months from the date of submission of the application materials.

2.4. During the recruitment process, the authorized recruiting agency may add additional application conditions based on the nature and characteristics of the specialized vocational position being recruited. These additional conditions must be tailored to the specific requirements of the position.

3. Announcement of recruitment

3.1. Recruitment announcements must be published in one of the following mass media: print newspapers, radio, television, and simultaneously posted publicly at the location where applications are received.

3.2. The content of the recruitment announcement includes: application conditions and criteria, number of positions to be filled, contents of the application dossier, application period, submission location, contact phone number, examination content, examination time, examination location, examination fees. The application period must be at least 15 days after the announcement. The examination period must be at least 15 days after the application period.

4. Preliminary screening

4.1. Preliminary screening is organized by the preliminary screening board of the agency or organization allocated the probationary cadre budget in accordance with Article 10 of Decree No. 115/2003/NĐ-CP.

4.2. The preliminary screening board must base its decisions on the nature and characteristics of the agency's activities and the recruitment conditions and criteria when conducting preliminary screening.

4.3. In cases where the number of applicants exceeds 100 and is more than twice the recruitment quota, the recruitment board decides to conduct preliminary screening to select candidates meeting the examination criteria. The list of preliminarily screened candidates must exceed the recruitment quota by at least twice. This list is submitted together with the application dossier to the recruitment board for consolidation before organizing the examination.

5. The probationary cadre examination includes the following subjects:

5.1. Administrative Law.

5.2. Computer Science.

5.3. Foreign Language.

6. Form of further examination to select successful candidates

In cases where multiple candidates have the same total score at the final recruitment quota, the examination board will consider selecting successful candidates in the following order:

6.1. If the examination board does not have the conditions to organize further examinations, the candidate with the highest score in the Administrative Law subject will be selected as the successful candidate;

6.2. If the examination board organizes further examinations, the subject for further examination to select successful candidates is Administrative Law. If the scores in the further examination are the same, the examination board will select the candidate with higher educational qualifications as the successful candidate. If the candidates have the same educational qualifications, the candidate with better academic performance and a major in a specialized vocational subject suitable for the position applied for will be selected as the successful candidate.

7. Direct recruitment of probationary cadres

7.1. Civil Servants, agencies equivalent to Ministries, agencies under the Government, People's Committees of provinces and centrally governed cities shall submit a document to the Ministry of Home Affairs for consensus before organizing the examination and recruitment of probationary civil servants.

7.2. The contents of the document submitted to the Ministry of Home Affairs for consensus include: quotas, conditions, and standards for the examination and recruitment of probationary civil servants.

8. Probationary civil servants shall be assigned by the competent authority managing civil servants to work at agencies and organizations specified in Point 2, Part I of this Circular and at People's Committees of communes, wards, and towns.

9. Duration of the probationary civil servant system

9.1. The duration of the probationary civil servant system is twenty-four months, starting from the date of the recruitment decision.

9.2. During the period of implementing the probationary civil servant system, if a probationary civil servant performs military service, upon completion of such service, they will continue to be arranged to fulfill the probationary civil servant system for the remaining prescribed time.

10. Duties of probationary civil servants

During the period of implementing the probationary civil servant system, probationary civil servants must complete the following tasks:

10.1. Complete tasks assigned by the agency using probationary civil servants.

10.2. Understand and perform the duties of cadres and civil servants and refrain from actions prohibited for cadres and civil servants as stipulated in the Cadre and Civil Servant Ordinance.

10.3. Be familiar with the organizational structure, functions, and responsibilities of the agency or unit where they are working.

10.4. Adhere to internal regulations and work rules of the agency or unit.

10.5. Possess administrative knowledge and skills according to the required level and understanding of the rank to be appointed.

10.6. Understand regulations related to their current job position.

10.7. Resolve and implement assigned tasks.

10.8. Draft administrative documents and proficiently use computers.

10.9. Complete the training and development program for probationary civil servants as prescribed.

11. Benefits and policies for probationary civil servants

11.1. Probationary civil servants receive salaries as stipulated in Clause 1 and Clause 2 of Article 18 of Decree No. 115/2003/ND-CP and any additional allowances as prescribed by the State.

11.2. When probationary civil servants have completed the probationary period corresponding to the rank recruited, the agency using the civil servant shall report in writing to the competent authority managing civil servants to issue a decision on salary classification for the probationary civil servant, and from this point, the probationary period will be counted towards seniority-based salary increments.

11.3. The time probationary civil servants spend performing military service is counted towards seniority-based salary increments.

12. Responsibilities of agencies using and managing probationary civil servants

12.1. Agencies using probationary civil servants shall manage administrative, professional, and vocational matters, and implement training and development programs for probationary civil servants, while also assigning personnel to guide probationary civil servants as stipulated in Article 17 of Decree No. 115/2003/ND-CP.

12.2. Civil servants assigned to guide probationary civil servants have the responsibility to assist and monitor probationary civil servants in fulfilling their tasks as specified in Point 10, Part II of this Circular.

12.3. The competent authority managing civil servants has the responsibility to develop plans and organize conditions for probationary civil servants to complete their training and development programs as prescribed.

13. Evaluation and appointment of probationary civil servants to civil servant ranks

13.1. Annually, probationary civil servants must conduct regular evaluations as prescribed for civil servants.

13.2. Upon completion of the probationary period, probationary civil servants must write a self-assessment report on the fulfillment of their tasks, including moral qualities, awareness of Party guidelines and state laws, discipline and adherence to internal regulations, and results of tasks performed during the probationary period, to be submitted to the agency using the civil servant.

13.3. Civil servants assigned to guide probationary civil servants must provide written assessments on the fulfillment of tasks by probationary civil servants to the head of the agency using the civil servant, covering moral qualities, discipline, and results of tasks performed during the probationary period.

13.4. The head of the agency using probationary civil servants must prepare a report to the competent authority managing civil servants on the fulfillment of tasks by probationary civil servants (including the self-assessment report of the probationary civil servant and the assessment report of the civil servant assigned to guide them).

13.5. The competent authority managing civil servants shall consider and decide whether to appoint or not appoint probationary civil servants to civil servant ranks.

13.6. After being appointed to a civil servant rank, the competent authority managing civil servants shall decide on the assignment of duties for the civil servant.

13.7. If probationary civil servants are not appointed to civil servant ranks, the recruiting agency shall cancel the recruitment decision in accordance with Clause 4 of Article 19 of Decree No. 115/2003/ND-CP.

III. REWARD AND DISCIPLINE OF PROBATIONARY CIVIL SERVANTS

1. Rewards for probationary civil servants shall be implemented as stipulated in Article 26 of Decree No. 115/2003/ND-CP. Additionally, probationary civil servants may also be rewarded according to other regulations of Ministries, agencies equivalent to Ministries, agencies under the Government, or People's Committees of provinces and centrally governed cities.

2. If probationary civil servants violate discipline and are punished with a reprimand or warning, after twelve months, if they have corrected their shortcomings, fulfilled their assigned tasks well, and not committed further violations, the agency using the probationary civil servant may issue a decision to terminate the effect of the disciplinary decision. The implementation period of the disciplinary decision will not be counted towards seniority for salary increment consideration if they are later appointed to a civil servant rank.

3. If probationary civil servants violate discipline or laws and are punished with dismissal, the head of the agency using the probationary civil servant shall prepare a document requesting the competent authority managing civil servants to review and make a decision (accompanied by the minutes of the Disciplinary Council and other files).

4. A probationary civil servant who is convicted by a court to imprisonment without suspended sentence shall be automatically dismissed from service. In this case, the agency employing the probationary civil servant shall issue a written request to the competent authority managing civil servants to issue a decision on dismissal. The date of dismissal shall be counted from the date the judgment or decision becomes effective.

5. Within thirty days from the time when it is clearly determined or the competent authority concludes that the probationary civil servant has violated discipline, the agency employing the probationary civil servant must establish a Disciplinary Council to examine and impose disciplinary measures in accordance with Clause 2 of Article 28 of Decree No. 115/2003/NĐ-CP.

6. After the Disciplinary Council examines and issues a written recommendation, within ten days, the head of the agency employing the probationary civil servant must issue a disciplinary decision or request the competent authority managing civil servants to issue a disciplinary decision in accordance with Clause 2 of Article 27 of Decree No. 115/2003/NĐ-CP.

7. The Disciplinary Council may consider and recommend dismissal from service for probationary civil servants in the following cases:

7.1. A probationary civil servant is sentenced to imprisonment but is eligible for suspended sentence or non-custodial correction, probation, or warning due to violation of laws related to official duties or national laws;

7.2. A probationary civil servant is under disciplinary action and continues to violate discipline;

7.3. A probationary civil servant violates discipline for the first time but the nature and severity of the violation are serious;

7.4. A probationary civil servant voluntarily absents from work for five days in one month or fifteen days in six months (cumulative) without a valid reason;

7.5. If the person authorized to decide on disciplinary action disagrees with the recommendation of the Disciplinary Council, before issuing a decision, the person authorized to decide on disciplinary action shall discuss again with the Disciplinary Council. If there is still disagreement, the person authorized to make the decision shall issue the decision and bear responsibility for it.

IV. MANAGEMENT OF PROBATIONARY CIVIL SERVANTS

1. Management of recruitment

Ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees, and centrally governed city people's committees manage the recruitment of probationary civil servants including:

1.1. Issuing decisions to establish Recruitment Councils to organize examinations and recruit probationary civil servants;

1.2. Based on examination results, issuing recruitment decisions and assigning tasks to probationary civil servants, and simultaneously reporting the list of probationary civil servants to the Ministry of Home Affairs for general oversight. Reporting according to Model No. 01 attached hereto;

1.3. Allocating budgets for agencies and units employing probationary civil servants to pay salaries, contribute to social insurance, health insurance, and ensure policies for probationary civil servants.

1.4. Agencies employing probationary civil servants shall perform tasks and exercise rights over probationary civil servants in accordance with Article 25 of Decree No. 115/2003/NĐ-CP;

1.5. For those holding Master's or Doctoral degrees in relevant fields, applying for recruitment and committing to long-term service at ministries, ministerial-level agencies, government-affiliated agencies, provinces, and centrally governed cities, the Minister, Head of a ministerial-level agency, Head of a government-affiliated agency, or Chairman of a provincial people's committee or centrally governed city people's committee shall consider and decide to recruit them as probationary civil servants.

2. Management of appointment of probationary civil servants to civil service ranks

Based on evaluation documents from the employing agency, the Personnel Department of ministries, ministerial-level agencies, government-affiliated agencies, or the Provincial People's Committee's Civil Service Department shall prepare documents requesting the Minister, Head of a ministerial-level agency, Head of a government-affiliated agency, or Chairman of a provincial people's committee or centrally governed city people's committee to issue decisions appointing to recruited ranks or cancel recruitment decisions and report lists of recruited probationary civil servants appointed to ranks to the Ministry of Home Affairs for general oversight. Reporting according to Model No. 02 attached hereto.

3. Management of probationary civil servant files:

The civil service management agency is responsible for establishing and managing individual files of probationary civil servants, including:

- Original personal history forms and other personal history forms filled out by probationary civil servants according to prescribed models (accompanied by copies of birth certificates);

- Educational certificates and training certificates;

- Recruitment decisions, commendation decisions, disciplinary decisions, and salary adjustment decisions;

- Evaluations and assessments of probationary civil servants by their mentors and employing agencies;

- Updates of other files generated during employment, changes in personal history;

- Investigative, verification, and conclusion documents issued by competent authorities regarding origin, employment history, commendations, disciplinary actions, explanations...

- Personal self-examinations, explanations for complaints and denunciations, reports of achievements for commendations;

- When a probationary civil servant transfers jobs, the employing agency must transfer the probationary civil servant's file to the new agency for continued management.

4. Management of statistical and reporting systems

By December 31 each year, ministries, ministerial-level agencies, government-affiliated agencies, and provincial people's committees and centrally governed city people's committees shall submit reports to the Ministry of Home Affairs on the following contents:

4.1. Quantity and quality of probationary civil servants by subordinate units.

4.2. Recruitment activities for probationary civil servants.

4.3. Commendation and disciplinary activities for probationary civil servants.

4.4. Training and development activities for probationary civil servants.

V. IMPLEMENTATION

1. The Minister, Head of a ministerial-level agency, Head of a government-affiliated agency, or Chairman of a provincial people's committee or centrally governed city people's committee is responsible for implementing this Circular.

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

3. During implementation, if there are any difficulties, ministries, ministerial-level agencies, government-affiliated agencies, and provincial people's committees and centrally governed city people's committees shall reflect these to the Ministry of Home Affairs for research and resolution./.