Decree No. 08/2007/ND-CP Amending and Supplementing Certain Articles of Decree No. 115/2003/ND-CP dated October 10, 2003 of the Government on the Cadre Probationary System

DECREE

Amending and supplementing certain Articles of Decree No. 115/2003/NĐ-CP

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

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Servant Law on February 26, 1998;

The Ordinance amending and supplementing certain Articles of the Civil Servant Law on April 28, 2000 and the Ordinance amending and supplementing certain Articles of the Civil Servant Law on April 29, 2003;

Considering the proposal of the Minister of Home Affairs.

DECREE:

Article 1. Amending and supplementing certain Articles of Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system (hereinafter referred to as Decree No. 115/2003/NĐ-CP), as follows:

1. Amending and supplementing Clauses 1 and 2 of Article 6:

"Article 6. Priority in the examination for probationary civil servants

1. Heroes of the Armed Forces, Labor Heroes, war invalids, and persons enjoying benefits equivalent to those of war invalids shall be granted an additional 30 points to their total examination results.

2. Children of martyrs, children of war invalids, children of wounded veterans, children of persons who participated in revolutionary activities before the general uprising (from August 19, 1945 onwards), children born to persons affected by toxic chemicals during the resistance war, children of Heroes of the Armed Forces, children of Labor Heroes, and persons holding a doctoral degree in a relevant field of study as required for recruitment shall be granted an additional 20 points to their total examination results.

  .......".

2. Amending and supplementing Clauses 3 and 5 of Article 7:

"Article 7. Priority in the selection for probationary civil servants

.......;

3. War invalids, and persons enjoying benefits equivalent to those of war invalids;

........;

5. Children of war invalids, children of wounded veterans, children of persons who participated in revolutionary activities before the general uprising (from August 19, 1945 onwards), children born to persons affected by toxic chemicals during the resistance war, children of Heroes of the Armed Forces, children of Labor Heroes;

........".

3. Amending and supplementing Clause 3 of Article 8:

“Article 8. Recruitment plan for probationary civil servants

…..;

3. The recruitment of probationary civil servants shall be carried out for positions within Class A or Class B civil servants, depending on the needs of each agency, and must be reflected in the recruitment plan of the agency authorized to recruit probationary civil servants. When implementing the recruitment plan, probationary civil servants may be recruited according to specific civil service positions determined by the agency authorized to manage civil servants.

......”.

4. Amending and supplementing Article 11:

"Article 11. Examination Board for Probationary Civil Servants

1. The Examination Board for Probationary Civil Servants shall be established by the head of the agency authorized to manage civil servants.

2. The Examination Board shall consist of five or seven members, including the Chairman of the Board and the Board members (one of whom shall serve as the Secretary of the Board).

3. The Examination Board may establish working groups, including: the Examination Committee, the Grading Committee, and the Sealing Committee.

5. Amending and supplementing Article 12:

"Article 12. Duties and powers of the Examination Board for Probationary Civil Servants

The Examination Board operates under the principle of collective decision-making by majority vote and has the following duties and powers:

1. To develop plans for organizing examinations or selections;

2. To publicly announce: the plan for organizing recruitment; eligibility criteria and conditions for application; subjects, forms, and contents of the examination; examination rules; time, location, and application fees as prescribed;

3. To receive and review application files; conduct preliminary screening (if applicable); publicly announce the list of eligible applicants; send notification letters to applicants to attend the examination;

4. To establish the Examination Committee, the Grading Committee, and the Sealing Committee;

5. To organize the collection of application fees and expenditures as prescribed;

6. To organize examinations or selections in accordance with regulations;

7. To direct and organize grading in accordance with regulations;

8. To report the recruitment results to the head of the agency authorized to manage civil servants for review and issuance of a decision recognizing the results; to publish the recruitment results;

9. To handle complaints and reports from applicants.

6. Amending and supplementing Article 16:

“Article 16. Regarding the duration of the probationary civil servant system:

1. The duration of the probationary civil servant system is specified as follows:

a) Probationary civil servants recruited to supplement Class A civil servants: 12 months;

b) Probationary civil servants recruited to supplement Class B civil servants: six months.

2. During the period of the probationary civil servant system, the agency authorized to manage civil servants is responsible for organizing tasks for probationary civil servants at administrative agencies at all levels and completing the program of administrative management training as prescribed.

7. Amending and supplementing Clause 3 of Article 18:

“Article 18. Regulations and policies for probationary civil servants and their mentors

…..

3. Upon formal recruitment, probationary civil servants shall be appointed to the position applied for and shall receive 100% of the salary of the current grade. From this point, they will be eligible for salary increments according to the law.

……”.

8. Amending and supplementing Clause 1 of Article 19:

“Article 19. Evaluation and appointment of probationary civil servants to civil service positions

1. After completing the probationary civil servant system as prescribed, probationary civil servants must submit a report on their performance to the head of the agency using their services.

…….”.

Article 2. Effectiveness and Implementation Guidance

1. This Decree shall take effect 15 days after its publication in the Official Gazette.

2. The Minister of Home Affairs shall provide guidance on the implementation of this Decree.

3. The competent authority of political organizations shall guide the application of this Decree to agencies under political organizations and political-social organizations.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.