Circular No. 09/2004/TT-BNV guiding the implementation of certain provisions of Government Decree No. 117/2003/NĐ-CP dated October 10, 2003 on recruitment, utilization, and management of officials and civil servants in state agencies.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 117/2003/NĐ-CP

dated October 10, 2003, of the Government on Recruitment, Employment, and Management of Cadres and Civil Servants in State Agencies

Implementation of Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government on Recruitment, Employment, and Management of Cadres and Civil Servants in State Agencies (hereinafter referred to as Decree No. 117/2003/NĐ-CP), the Ministry of Home Affairs issues guidelines for implementing certain provisions of Decree No. 117/2003/NĐ-CP as follows:

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Pursuant to Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government on Recruitment, Employment, and Management of Cadres and Civil Servants in State Agencies (hereinafter referred to as Decree No. 117/2003/NĐ-CP), the Ministry of Home Affairs issues guidelines for implementing certain provisions of Decree No. 117/2003/NĐ-CP as follows:

I. General Provisions

1. Scope and Objectives

Decree No. 117/2003/NĐ-CP stipulates the recruitment, employment, and management of cadres and civil servants in state agencies and armed forces, defining civil servants as Vietnamese citizens recruited into the establishment, appointed to a cadre rank, or assigned to perform a regular public service position, receiving salary from the state budget, working in the following state agencies:

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

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

1.3. Organizations assisting Ministers, heads of ministries equivalent to the government, and government-affiliated agencies in performing state management functions;

1.4. Organizations assisting People's Committees at provincial and centrally-administered city levels and People's Committees at district, county, town, and provincial-level city levels in performing state management functions;

1.5. Organizations assisting People's Courts and People's Procuratorates at all levels in performing functions and tasks as prescribed by the Constitution and laws (excluding affiliated units of public services);

1.6. Agencies representing the Socialist Republic of Vietnam abroad.

2. Classification of Civil Servants

2.1. Civil servants are classified according to their level of education, rank, and job position as specified in Article 4 of Decree No. 117/2003/NĐ-CP.

2.2. Class A civil servants are those appointed to ranks requiring a bachelor's degree or higher, including associate degrees, bachelor's degrees, master's degrees, and doctorate degrees.

2.3. Civil servants with an associate degree who have been appointed to the rank of staff officer or equivalent may be considered for promotion examinations if they meet the conditions and criteria set by the agency where they work.

II. Recruitment of Civil Servants

1. General Guidelines on Recruitment Principles

1.1. Recruitment of civil servants must be based on job requirements, with defined positions and within the authorized staffing quota.

1.2. Recruitment of civil servants to work in state agencies as mentioned in point 1 of Part I of this Circular must be conducted through competitive examinations. Examinations for direct appointment shall only be carried out in cases specified in point 2 of Article 6 of Decree No. 117/2003/NĐ-CP.

1.3. Probationary civil servants completing their probationary period shall be recruited as civil servants in accordance with Article 19 of Decree No. 115/2003/NĐ-CP dated October 10, 2003, of the Government on the Probationary Civil Service System and related guiding documents.

1.4. Individuals who are cadres and civil servants as defined in point a and point g of Clause 1 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Cadre and Civil Servant Ordinance and individuals who are managers and leaders in state-owned public service units and state-owned enterprises when transferred to state agencies shall not be subject to recruitment regulations but shall be governed by current regulations on transfer and rotation of the Party and State.

2. Conditions for Recruitment

2.1. Individuals wishing to be recruited as civil servants must meet the registration conditions for recruitment as stipulated in Article 5 of Decree No. 117/2003/NĐ-CP.

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

2.3. The application package includes:

2.3.1. A curriculum vitae in the prescribed format, certified by the People's Committee of the commune, ward, or 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 of diplomas, certificates, and academic transcripts relevant to the applied rank, which must be certified or attested by the competent authority. Original documents must be presented for verification upon successful recruitment;

2.3.4. A health certificate issued by a health authority at the district or county level or higher. The health certificate is valid for six months from the date of submission of the application package.

2.4. During the recruitment process, the competent authority may add additional recruitment conditions based on the nature and specific professional requirements of the applied rank.

2.5. Individuals recruited as civil servants as defined in points b and c of Clause 1 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Cadre and Civil Servant Ordinance dated April 29, 2003, if successfully recruited, must follow the probationary civil servant system as stipulated in Clause 2 of Article 5 of Decree No. 117/2003/NĐ-CP. Only after successfully completing the probationary period will they be eligible for appointment to a civil servant rank.

2.6. Recruitment of civil servants without going through the probationary civil servant system shall only apply to the following cases:

2.6.1. Individuals who were cadres and civil servants before July 1, 2003, working in state-owned public service units as defined in Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government;

2.6.2. Individuals recruited as cadres and civil servants after July 1, 2003, working in state-owned public service units as defined in Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government, having worked continuously for three years or more (36 months);

2.6.3. Individuals working in management and leadership positions at the department level or above in state-owned enterprises, having worked continuously for three years or more (36 months);

2.6.4. Individuals who are cadres and civil servants at commune, ward, and town levels, having worked continuously for three years or more (36 months);

2.6.5. Persons who are officers or professional soldiers in the People's Army and the People's Police with at least three years (36 months) of service in the armed forces.

3. Job advertisement announcement

3.1. The job advertisement announcement must be published on one of the following mass media: print newspapers, radio broadcasts, television broadcasts, and simultaneously posted publicly at the location where application files are received.

3.2. The content of the job advertisement announcement includes: conditions and criteria for registration to apply, number of positions needed, contents of the application file, time period for registration and submission of application files, contact phone number, examination content, examination date, examination location, examination fee. The application file submission period must be at least 15 days after the announcement period. The examination date must be at least 15 days after the application file submission period.

4. Preliminary selection organization

In cases where the number of applicants registering for the position is 100 or more and exceeds twice the recruitment quota, based on specific circumstances, the Recruitment Committee decides to organize a preliminary selection to choose candidates meeting the standards and conditions for the final selection. The number of candidates for the final selection must exceed the recruitment quota by at least twice.

5. Subsequent examination form

In cases where multiple candidates have the same total score at the last recruitment quota, the Examination Committee will consider and select successful candidates in the following order:

5.1. If the Examination Committee does not have the conditions to organize a subsequent examination, the candidate with the higher score in the State Administrative Affairs subject will be selected as the successful candidate;

5.2. If the Examination Committee organizes a subsequent examination, the subsequent examination subject to select the successful candidate is the Administrative Affairs subject. If the scores in the subsequent examination are the same, the Examination Committee 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 results and who has graduated from a specialized vocational major suitable for the position applied for will be the successful candidate.

6. Probationary period

6.1. The probationary period is intended for newly recruited personnel to familiarize themselves with the working environment and practice the duties of the civil servant rank they will be appointed to.

6.2. The content of the probationary period includes:

6.2.1. Mastering and performing the duties of cadres and civil servants according to the Cadre and Civil Servant Ordinance;

6.2.2. Understanding the organizational structure, functions, and responsibilities of the agency or unit where they work;

6.2.3. Mastering internal regulations and work rules of the agency or unit and the responsibilities and tasks of the rank they will be appointed to;

6.2.4. Enhancing administrative knowledge and skills according to the required level and understanding of the rank they will be appointed to;

6.2.5. Mastering policies and relevant regulations related to the job of their current position;

6.2.6. Handling and performing the duties of the civil servant rank they will be appointed to;

6.2.8. Drafting administrative documents and using computers proficiently.

6.3. The probationary period is implemented according to the provisions of Clause 2, Article 16 of Decree No. 117/2003/ND-CP.

6.4. Cases where personnel are transferred to work at state agencies or armed forces as stipulated in Article 2 of Decree No. 117/2003/ND-CP do not need to undergo the probationary period, including:

6.4.1. Persons holding the positions of Chairman of the Board of Directors, Board Member, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant working at state-owned enterprises;

6.4.2. Persons who were cadres and civil servants as defined in point a, point d, and point g of Clause 1, Article 1 of the Cadre and Civil Servant Ordinance before being cadres and civil servants as defined in point b and point c of Clause 1, Article 1 of the Cadre and Civil Servant Ordinance;

6.4.3. Persons who were recruited as cadres and civil servants as defined in point d of Clause 1, Article 1 of the Cadre and Civil Servant Ordinance before July 1, 2003;

6.4.4. Persons who were recruited as cadres and civil servants as defined in point d of Clause 1, Article 1 of the Cadre and Civil Servant Ordinance after July 1, 2003 and have at least three years (36 months) of seniority;

6.4.5. Cadres and civil servants as defined in point h of Clause 1, Article 1 of the Cadre and Civil Servant Ordinance with at least three years (36 months) of service.

6.5. At the end of the probationary period, the probationer must write a self-assessment report on the results of the probationary period according to the following contents: moral character; awareness of implementing Party guidelines and state laws; awareness of abiding by discipline, internal regulations, and work rules of the agency; work and study results during the probationary period, to be submitted to the agency employing the civil servant.

6.6. The probation guidance officer comments and evaluates the work results of the probationer in writing to the head of the agency employing the civil servant according to the following contents: moral character; discipline awareness; work and study results during the probationary period.

6.7. The head of the agency employing the civil servant evaluates the moral character and work results of the probationer. If the probationer meets the requirements, the agency proposes to the competent authority managing civil servants to issue a decision appointing them to the civil servant rank.

7. Regulations and policies for probationers

7.1. From July 1, 2003, persons recruited as civil servants when undergoing the probationary period shall enjoy benefits and policies as prescribed in Clause 1 and Clause 2, Article 18 of Decree No. 117/2003/ND-CP and additional allowances (if any) as prescribed by the State.

7.2. Persons currently undergoing the probationary period under Decree No. 95/1998/ND-CP dated November 17, 1998 of the Government, if they hold a Master's degree relevant to the specialty of the applied rank, shall be adjusted to receive 85% of the second grade of the recruited rank; if they hold a Doctorate degree relevant to the specialty of the applied rank, they shall be adjusted to receive 85% of the third grade of the recruited rank. The benefit period shall only be counted from July 1, 2003 until the end of the probationary period specified, and shall not apply to the probationary period before July 1, 2003.

8. Appointment to the civil servant rank

The competent authority bases the appointment to the civil servant rank on the assessment results of the probationary period, examines, and makes a decision. The person appointed to the civil servant rank must meet the criteria of the rank and must have a suitable position for the rank appointed to.

9. Report on recruitment results

Not later than thirty days from the date of announcing the recruitment results, Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities shall establish and send reports on recruitment results and lists of recruited persons to the Ministry of Home Affairs for general monitoring (in accordance with Model No. 01 attached hereto).

III. USE OF CIVIL SERVANTS

1. ASSIGNMENT OF DUTIES

Based on work requirements and the quality, qualifications, and capabilities of civil servants, the head of the agency using civil servants shall arrange and assign duties appropriately to civil servants.

2. TRANSFER TO A DIFFERENT GRADE

2.1. The transfer of civil servants from one grade to another must be carried out in accordance with the principles stipulated in Article 22 of Decree No. 117/2003/NĐ-CP.

2.2. Agencies using civil servants shall establish a Board to examine and assess the qualifications and capabilities of civil servants based on their positions, grade structure, and training levels, or prepare documents requesting competent authorities managing civil servants to consider implementing grade transfers for civil servants according to the level of authority.

2.3. In cases where the examination board concludes that the civil servant does not meet the professional standards of the new grade, the agency using the civil servant shall reassign the civil servant to another suitable position.

3. PROMOTION TO A HIGHER GRADE AND INCREASE IN PAY SCALE

3.1. Promotion of civil servants is implemented through examinations.

3.2. Increase in pay for civil servants is implemented through promotion in pay scale based on seniority and early promotion.

3.3. Promotion without examination and early promotion in pay scale will only be implemented for civil servants who have outstanding achievements while performing their duties.

3.4. Principles, conditions, criteria, and procedures for promotion without examination and early promotion in pay scale will be specified and guided in another Circular issued by the Ministry of Home Affairs.

4. NOMINATION OF CIVIL SERVANTS FOR PROMOTION EXAMINATIONS

4.1. Civil servants nominated for promotion examinations must be agreed upon by the initial screening board of the agency and recommended to the competent authority managing civil servants for nomination to take the examination. Civil servants not recommended by the initial screening board cannot participate in the promotion examination.

4.2. When considering to recommend the competent authority managing civil servants to nominate civil servants for promotion examinations, the initial screening board must base its decision on:

4.2.1. The structure and demand for grades of civil servants in the agency or unit or at the position of the civil servant;

4.2.2. The moral character, qualifications, capabilities, and potential development of the civil servant compared to the professional standards of the grade being applied for;

4.2.3. The conditions and criteria prescribed for the grade being applied for.

4.3. The competent authority managing civil servants must be responsible for its decision in nominating civil servants for promotion examinations.

5. CRITERIA AND CONDITIONS FOR PARTICIPATION IN PROMOTION EXAMINATIONS

Civil servants nominated for promotion examinations must meet the following conditions and criteria:

5.1. Civil servants nominated for promotion examinations are those who have been appointed or classified into a civil servant grade still having a higher grade adjacent, with a need and position. For civil servants in the staff grade, if they meet the criteria, conditions, and positions, they may be allowed to participate in examinations for the specialist, officer, or equivalent grade;

5.2. They must be evaluated as having satisfactorily completed tasks, possessing good moral character, strictly adhering to the policies of the Party and State and the agency or unit over the last three consecutive years;

5.3. They must not be within the period of disciplinary action from reprimand upwards;

5.4. They must meet the professional standards of the civil servant grade being examined as prescribed by the State;

5.5. They must have served the minimum required time in the current grade according to regulations (excluding probationary periods and periods serving as reserve civil servants);

5.6. They must meet the salary coefficient of the current grade;

5.7. They must possess all certificates and diplomas required for the grade being examined.

6. REGARDING PLANS AND QUOTAS FOR EXAMINATIONS

6.1. Annually, by December 31, Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as Ministries and provinces) shall develop plans and quotas for nominating civil servants for promotion examinations and submit written documents to the Ministry of Home Affairs for unified planning and quotas for promotion examinations for each civil servant grade starting from the specialist and equivalent grades.

6.2. After the Ministry of Home Affairs has unified the plans and quotas for promotion examinations for each civil servant grade starting from the specialist and equivalent grades, Ministries and provinces shall organize preliminary screenings for nominating civil servants for examinations according to regulations and send them to the Ministry responsible for managing the specialized civil servant grade to organize the promotion examination.

6.3. Ministries and provinces shall guide subordinate agencies to register examination quotas for each civil servant grade starting from the specialist and equivalent grades downwards. After reviewing and approving, Ministries and provinces shall notify examination quotas to subordinate agencies to organize preliminary screenings for nominating civil servants for examinations simultaneously with developing plans to organize promotion examinations according to their authority.

7. ORGANIZATION OF EXAMINATIONS

Based on plans and quotas for promotion examinations for each civil servant grade, Ministries and provinces shall implement promotion examinations as follows:

7.1. For civil servant grades equivalent to the specialist and officer grades and below:

7.1.1. Based on needs and positions, grade structures, Ministries and provinces shall determine and announce examination quotas to subordinate agencies and organizations to organize preliminary screenings for nominating civil servants for examinations according to regulations;

7.1.2. Based on the list of civil servants nominated for promotion examinations proposed by subordinate agencies and organizations, Ministries and provinces shall develop plans to organize promotion examinations;

7.1.3. The head of the agency with authority to manage civil servants shall establish a Promotion Examination Board in accordance with Article 26 of Decree No. 117/2003/NĐ-CP;

7.1.4. The Promotion Examination Board shall review applications, compile lists of qualified candidates, and organize promotion examinations according to regulations.

7.1.5. Based on the results of the grade promotion examination reported by the Examination Board, the head of the Ministry or province shall issue a decision to recognize the examination results and send a document to the Ministry assigned to manage the specialized civil servant grade requesting issuance of a grade certificate for civil servants who have passed the examination.

7.2. For specialized civil servant grades equivalent to the Chief Specialist grade organized by the authority managing specialized civil servant grades:

7.2.1. Based on the announced plan and quota for candidates, ministries and provinces allocate the examination candidate quotas to subordinate agencies and organizations. Subordinate agencies and organizations prepare documents nominating civil servants to take the examination and submit them to the ministries and provinces. Based on these documents and nomination lists, ministries and provinces establish a Preliminary Selection Board to nominate candidates for the examination;

7.2.2. Based on the list of civil servants proposed by the Preliminary Selection Board, ministries and provinces prepare documents (including lists and examination files attached) to be sent to the Ministry assigned to manage specialized civil servant grades to participate in the examination;

7.2.3. Ministries assigned to manage specialized civil servant grades develop examination plans for grade promotion and send them to the Ministry of Home Affairs for unified opinions before implementation. The examination plan sent to the Ministry of Home Affairs includes:

- The current grade structure of civil servants in each agency and organization under the management of the ministry, sector, or province;

- The announced examination quota;

- A list of ministries and provinces with civil servants participating in grade promotion examinations;

- Members of the Examination Board, Grading Committee (list, grade, academic qualifications, and scientific titles), and Supervisory Committee;

- Examination organization plan.

7.2.4. The head of the agency authorized to manage specialized civil servant grades establishes the Examination Board for grade promotion in accordance with Article 26 of Decree No. 117/2003/NĐ-CP;

7.2.5. The Examination Board for grade promotion receives and reviews examination files from ministries and provinces, compiles a list of eligible candidates, and organizes the examination in accordance with regulations;

7.2.6. The Examination Board for grade promotion conducts grading, summarizes, and reports examination results to the head of the agency authorized to manage specialized civil servant grades to recognize examination results and issue grade certificates to successful candidates in accordance with regulations;

7.2.7. Based on the grade certificate, the head of the ministry or province issues a decision appointing the grade and determining the salary for civil servants entering the examination grade in accordance with regulations.

7.3. For Senior Specialist grades and equivalents under the authority of the Ministry of Home Affairs and ministries assigned to manage specialized civil servant grades:

7.3.1. Prior to organizing the grade promotion examination, ministries develop examination plans for grade promotion and send them to the Ministry of Home Affairs for unified opinions before implementation. The examination plan sent to the Ministry of Home Affairs includes:

- Members of the Examination Board, Grading Committee (list, grade, academic qualifications, and scientific titles), and Supervisory Committee;

- Examination quota;

- A list of ministries and provinces nominating civil servants to take the examination;

- Examination organization plan;

7.3.2. Based on the announced grade promotion examination quota, ministries, ministerial-level agencies, government agencies, and provincial people's committees organize preliminary selection of civil servants taking the examination and submit examination files along with a request letter to the ministry assigned to manage specialized civil servant grades;

7.3.3. The Minister of Home Affairs decides to establish the Examination Board for grade promotion in accordance with Article 26 of Decree No. 117/2003/NĐ-CP;

7.3.4. The Examination Board for grade promotion receives letters from agencies and units along with examination files of civil servants to organize review, compile a list of eligible candidates, organize the examination, conduct grading, and report examination results to the Minister of Home Affairs to recognize examination results and issue grade certificates to successful candidates in accordance with regulations.

7.4. The Ministry of Home Affairs performs the function of inspecting and supervising the organization of grade promotion examinations for civil servants in accordance with regulations.

8. Subjects, examination content, and classification of examination results for grade promotion

8.1. The grade promotion examination for civil servants includes the following subjects:

8.1.1. Administrative subject (a mandatory written examination);

8.1.2. Professional subject;

8.1.3. Information technology subject;

8.1.4. Foreign language subject.

Professional subject, information technology, and foreign language subjects are organized in written, oral questioning, or multiple-choice formats. The information technology subject may also be organized as a practical examination on computers.

8.2. In addition to the subjects mentioned in point 8.1 of Section 8 Part II, civil servants taking high-grade promotion examinations must also develop and defend a project in their field of expertise.

8.3. The ministry assigned to manage specialized civil servant grades specifies and guides the examination content related to the professional aspects of specialized civil servant grades. The Ministry of Home Affairs guides the examination content related to administration.

8.4. The content of the information technology and foreign language subjects must be based on the language and information technology proficiency requirements specified in the position standards of the civil servant grade being examined.

8.5. Each subject is scored out of 100 points. A successful candidate in the examination must pass all subjects and achieve at least 55 points in each subject. If a candidate scores below 55 points in any subject, they will not pass the examination.

8.6. The weighting of examination subjects is calculated as follows:

8.6.1. The score for the administrative subject is weighted by a factor of 2;

8.6.2. The scores for professional, information technology, and foreign language subjects are weighted by a factor of 1.

8.7. The classification of examination results for grade promotion is defined as follows:

- Scores from 275 to less than 350 points are classified as average.

- Scores from 350 to less than 450 points are classified as good.

- Scores of 450 points or higher are classified as excellent.

9. Issuance of grade certificates and appointment to grade after the grade promotion examination

9.1. Based on examination results, the Examination Board for grade promotion reports and proposes that the head of the agency authorized to establish the Examination Board consider and decide to recognize the examination results.

9.2. After recognizing the examination results, the agency authorized to manage specialized civil servant grades shall issue grade certificates to civil servants who have passed the examination within thirty days.

9.3. The Ministry of Home Affairs uniformly manages the format of grade certificates.

9.4. In case of examinations for promotion to higher ranks organized by Ministries or provinces, within no more than fifteen days from the date of the examination, the Ministries or provinces shall send a letter along with the decision recognizing the examination results to the competent authority managing the rank of specialized civil servants to request issuance of a rank certificate for successful candidates.

9.5. Based on the rank certificate, the competent authority managing civil servants shall issue a decision appointing the rank and determining salary according to regulations.

10. Report on Examination Results for Promotion to Higher Ranks

Within thirty days from the date of announcement of the examination results for promotion to higher ranks, Ministries, ministerial-level agencies, Government-affiliated agencies, provincial People's Committees, and municipal People's Committees under central government shall prepare a report on the examination results for promotion to higher ranks and a list of successful candidates and submit it to the Ministry of Home Affairs for general oversight (in accordance with Model No. 02 attached to this Circular).

11. Management of Application Files for Promotion to Higher Ranks

Within thirty days after the end of the examination for promotion to higher ranks, the management of application files of civil servants participating in the examination shall be carried out as follows:

11.1. For examinations for promotion to the ranks of staff officer, specialist, or equivalent organized by Ministries or provinces within their jurisdiction: The examination board for promotion to higher ranks shall transfer the application files of participating civil servants to the Department of Organization and Cadres or the Provincial Department of Home Affairs for management;

11.2. For examinations for promotion to the rank of senior specialist or equivalent organized by Ministries assigned to manage the rank of specialized civil servants: The examination board for promotion to higher ranks shall transfer the application files of participating civil servants to the Department of Organization and Cadres or the Provincial Department of Home Affairs for management;

11.3. For examinations for promotion to the rank of senior specialist or equivalent: The examination board for promotion to higher ranks shall transfer the application files of participating civil servants to the Ministry of Home Affairs to establish initial files for senior civil servants and monitor them.

IV. Management of Civil Servants

1. Management of Ranks of Specialized Civil Servants

Ministries and ministerial-level agencies assigned by the Government to manage the ranks of specialized civil servants as stipulated in Article 43 of Decree No. 117/2003/ND-CP shall be responsible for organizing and implementing the tasks and powers prescribed in Article 44 of Decree No. 117/2003/ND-CP and immediately carry out the following actions:

1.1. Coordinate with the Ministry of Home Affairs to organize reviews and amendments, supplements, or construction of new job titles and vocational standards for the ranks of specialized civil servants to unify promulgation;

1.2. Study and promptly promulgate regulations on the content of recruitment examinations and examinations for promotion to higher ranks of specialized civil servants based on the vocational standards of the rank.

2. Management of Recruitment of Civil Servants

2.1. The Minister, Head of a ministerial-level agency, head of a Government-affiliated agency, and Chairman of a provincial People's Committee or municipal People's Committee under central government shall decide to establish a recruitment board to organize the recruitment of civil servants.

2.2. The Minister, Head of a ministerial-level agency, and head of a Government-affiliated agency shall base their decisions on the results of recruitment examinations and selection to recruit and assign civil servants to organizations and units under their respective Ministries.

2.3. The Chairman of a provincial People's Committee or municipal People's Committee under central government shall base their decisions on the results of recruitment examinations and selection to recruit and assign civil servants to departments, agencies, and district, county, town, and city People's Committees under the province.

3. Appointment of Ranks and Salary Increases for Civil Servants Annually

3.1. For civil servants holding the rank of senior specialist or equivalent, the Department of Organization and Cadres (if it is a Ministry, ministerial-level agency, or Government-affiliated agency) or the Provincial Department of Home Affairs (if it is a provincial People's Committee or municipal People's Committee under central government) shall compile a list to submit to the Minister, Head of a ministerial-level agency, head of a Government-affiliated agency, or Chairman of a provincial People's Committee or municipal People's Committee under central government to propose the Minister of Home Affairs to make a decision.

3.2. For civil servants holding the rank of senior specialist or equivalent and below, the Department of Organization and Cadres (if it is a Ministry, ministerial-level agency, or Government-affiliated agency) or the Provincial Department of Home Affairs (if it is a provincial People's Committee or municipal People's Committee under central government) shall compile a list to submit to the Minister, Head of a ministerial-level agency, head of a Government-affiliated agency, or Chairman of a provincial People's Committee or municipal People's Committee under central government to make a decision.

4. Management of Quantity and Quality of Civil Servants

4.1. Ministries, ministerial-level agencies, Government-affiliated agencies, and provincial People's Committees or municipal People's Committees under central government (hereinafter referred to collectively as Ministries or provinces) shall organize a comprehensive database of all civil servants under their management according to unified guidelines provided by the Ministry of Home Affairs.

4.2. Ministries or provinces shall direct subordinate agencies and organizations to prepare reports listing civil servants, statistics on the quantity and quality of civil servants up to December 31, 2003, in accordance with Model No. 03 and Model No. 04 attached to this Circular, and then consolidate and submit them to the Ministry of Home Affairs.

4.3. Starting from December 2004 onwards, Ministries and provinces shall implement a system of annual statistical reporting every year on December 31 according to point 6 of Section IV of this Circular.

5. Management of Civil Servant Files

5.1. The agency using civil servants within its delegated authority shall be responsible for establishing and managing individual files of civil servants, including:

- Original personal history forms and self-declared personal history forms by civil servants according to prescribed models, birth certificates;

- Educational and training certificates (certified copies);

- Decisions on recruitment, transfer, appointment, commendation, disciplinary action, and salary increase;

- Annual performance evaluation forms;

- Updates on other files generated during the course of work, changes in personal history;

- Investigative materials, verification conclusions, and related documents from competent authorities concerning origin, work history, commendations, disciplinary actions, and explanations;

- Personal self-criticism statements, explanations for complaints and accusations, and reports of achievements for commendation.

5.2. The initial file of a civil servant appointed to the rank of senior specialist or equivalent and above is the examination file for promotion to higher ranks or the file submitted to the competent authority for consideration of rank appointment managed by the Ministry of Home Affairs, including: A summary of the personal history form with a 3cm x 4cm photo of the civil servant, certified copies of educational and training certificates, the most recent salary increase decision, and comments from the immediate supervisor regarding the civil servant's performance over the last three years.

5.3. After the conclusion of the examination for promotion to the rank of senior specialist or equivalent, the examination board for promotion to higher ranks shall return the examination file of the civil servant to the competent authority managing the civil servant for retention.

6. Management of statistical and reporting systems

6.1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities shall organize the establishment of lists and statistics of civil servants within their jurisdiction as of December 31, 2003, and report increases and decreases on December 31 each year to the Ministry of Home Affairs for consolidation according to the following contents:

6.1.1. Quantity, quality, and structure of the civil servant workforce (by field and by subordinate units);

6.1.2. Recruitment of civil servants;

6.1.3. Promotion of civil servants;

6.1.4. Reward and disciplinary actions for civil servants;

6.1.5. Annual performance evaluation of civil servants;

6.1.6. Appointment, reappointment, rotation, removal, resignation of leading civil servants;

6.1.7. List and rank, grade salary of cadres and civil servants.

6.2. The reporting forms for each content specified in Point 6.1 of Section 6, Part IV shall be uniformly implemented in accordance with the regulations and guidance of the Ministry of Home Affairs.

V. Implementation

1. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally governed cities when recruiting civil servants according to staffing quotas from 2004 onwards shall implement this Circular. If recruiting reserve civil servants, they shall follow the provisions of Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the reserve civil servant system and related guiding documents.

2. Based on the principle of appointment to civil service ranks stipulated in Clause 1, Article 19 of Decree No. 117/2003/NĐ-CP, from the date this Circular takes effect until June 30, 2004, ministries, sectors, and localities shall cooperate with the Ministry of Home Affairs to carry out the review and adjustment of civil servant ranks or appointments to ranks according to job positions, tasks, and responsibilities assigned in subordinate units. In cases where civil servants have been appointed to ranks that do not match their assigned tasks and responsibilities, they shall be appointed to appropriate rank titles.

3. Ministers, heads of ministerial-level agencies, agencies under the Government, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Circular.

4. This Circular replaces Circular No. 04/1999/TT-BTCCBCP dated March 20, 1999 of the Government Organizational Cadre Board guiding the implementation of Decree No. 95/1998/NĐ-CP dated November 17, 1999 of the Government on recruitment, utilization, and management of civil servants. It also abolishes Circular No. 197/BNV-CCVC dated September 12, 2002 of the Ministry of Home Affairs regarding the examination and transfer of ranks of cadres, officers, or equivalent positions.

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

6. During the implementation process, if there are any difficulties, ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, sectors, and localities shall reflect them to the Ministry of Home Affairs for study and resolution./.