Circular No. 10/2004/TT-BNV guiding the implementation of certain provisions of Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on the recruitment, use, and management of officials and civil servants in state-owned public service units.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 116/2003/NĐ-CP

dated October 10, 2003, of the Government on Recruitment, Employment, and Management of Officials and Civil Servants in State-Owned Public Service Units

Implementation of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government on Recruitment, Employment, and Management of Officials and Civil Servants in State-Owned Public Service Units (hereinafter referred to as Decree No. 116/2003/NĐ-CP), the Ministry of Home Affairs provides guidelines for implementing certain provisions of Decree No. 116/2003/NĐ-CP as follows:

__________________

Decree No. 116/2003/NĐ-CP stipulates the recruitment, employment, and management of officials and civil servants in state-owned public service units (hereinafter collectively referred to as public service units), including state-owned public service units, political organizations, and social-political organizations established within their respective jurisdictions, in accordance with legal procedures, having seals, legal personality, and bank accounts or national treasury accounts.

I. General Provisions

2. Applicability:

2.1. Individuals recruited and appointed to a civil servant rank and those assigned to regularly perform tasks and work in state-owned public service units;

2. Scope of application:

2.2. Individuals recruited and appointed to the non-civil servant staff rank who are not subject to the regulations set forth in Decree No. 68/2000/NĐ-CP dated November 17, 2000, of the Government on Implementing Contractual Systems for Certain Types of Work in Administrative Agencies and Public Service Units.

3. Classification of Civil Servants:

Civil servants are classified according to their educational qualifications, ranks, and job positions as prescribed in Article 4 of Decree No. 116/2003/NĐ-CP.

3.1 For individuals appointed to a rank requiring a college-level standard, they shall be classified as Category A civil servants;

3.2. Civil servants in the staff rank are those with a primary level of specialized education and have been recruited into the establishment, working in state-owned public service units before the issuance of Decree No. 25/CP dated May 23, 1993, of the Government temporarily regulating new salary systems for administrative and public service civil servants and armed forces personnel.

II. Recruitment

Section 1. Conditions for Recruitment

Applicants must meet all conditions stipulated in Article 5 of Decree No. 116/2003/NĐ-CP.

1. Regarding age for recruitment:

1.1. Must be at least 18 years old but under 45 years old;

1.2. The following categories may have an age limit above 45 years but not exceeding 50 years:

1.2.1. Officers, professional military personnel, defense workers in agencies and units under the People's Army, professional officers, and non-commissioned officers in agencies and units under the People's Public Security;

1.2.2. Civil servants in state-owned enterprises;

1.2.3. Cadres and civil servants at the commune level, including positions specified in Article 2 of Decree No. 114/2003/NĐ-CP dated October 10, 2003, of the Government on Commune, Ward, and Town Cadres and Civil Servants;

1.2.4. Individuals recognized as professors, associate professors, or holding doctoral degrees in fields relevant to the civil servant rank being recruited;

1.3. Individuals with special talents applying for recruitment to civil servant ranks in cultural, artistic, information, sports, and physical education sectors must be at least 15 years old and enter into special employment contracts as provided in Point 3, Section 3, Part II of this Circular.

2. Regarding nationality:

Applicants must hold Vietnamese citizenship and have a permanent residence address in Vietnam.

3. Application materials include:

3.1. A resume in the prescribed format, confirmed by the People's Committee of the commune, ward, or town where the applicant resides or by the agency or organization where the applicant is currently employed or studying;

3.2. A copy of the birth certificate;

3.3. Sufficient copies certified by a competent authority of academic certificates, certificates, and transcripts that meet the requirements of the applied rank. Upon successful recruitment, the original documents must be presented for verification.

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 materials.

4. 5. Additional Conditions:

Based on the nature and professional characteristics, the recruiting unit may supplement additional recruitment conditions such as appearance, talent, gender, and educational qualifications above the standard of the recruited rank.

On the basis of the nature and professional characteristics, the recruiting unit may supplement certain additional eligibility requirements for application such as appearance, aptitude, gender, and educational qualifications exceeding the standard of the recruitment rank.

Section 2. Recruitment and Hiring

1. Each year, the employing unit shall prepare a recruitment plan to submit to the competent authority managing civil servants for examination and approval in accordance with Article 47 and Article 50 of Decree No. 116/2003/NĐ-CP.

2. At least thirty days before conducting the recruitment, the public service organization must announce the recruitment in newspapers, radio, television, and publicly post it at the location where application files are received.

3. The content of the recruitment announcement includes: Conditions and criteria for registration, number of positions needed, contents of the application file, time frame and location for submitting applications, contact phone number.

If the recruitment is conducted through a competitive examination, additional information about the examination content, examination date, examination venue, and examination fee must be announced. The application submission period must be at least fifteen days after the announcement period. The examination date must be at least fifteen days after the application submission period.

4. For recruitment through competitive examinations: All participants must take two mandatory forms of examination, namely written test and oral interview or multiple-choice questions or practical exercises. The examination content covers the professional knowledge and skills of the position being applied for.

For artistic, sports, and other specialized fields, recruitment does not follow the aforementioned method but instead involves talent tests and other specified contents according to the regulations of the management body of the specialized civil servant rank.

5. For recruitment through selection: The recruitment board bases its decision on the requirements, criteria, conditions, and priority order to select candidates through reviewing their application files and individual interviews.

In cases where multiple candidates meet the final recruitment quota's criteria and conditions equally, the recruitment board will base its decision on the specific requirements of the position to supplement additional selection conditions to determine the successful candidate.

6. Recruitment of individuals currently working in state-owned enterprises, armed forces, or village-level cadres and civil servants follows the following procedures:

6.1. Individuals working in state-owned enterprises prior to the effective date of Government Decree No. 26/CP dated May 23, 1993, or those working in the armed forces prior to the effective date of Government Decree No. 25/CP dated May 23, 1993, and village-level cadres and civil servants may be accepted into public service organizations. The employing unit must establish a verification board in accordance with Article 26 of Decree No. 116/2003/NĐ-CP and request the competent authority managing civil servants to process the acceptance and appointment procedures in accordance with the regulations.

6.2. Individuals working in state-owned enterprises after the effective date of Government Decree No. 26/CP dated May 23, 1993, or those working in the armed forces after the effective date of Government Decree No. 25/CP dated May 23, 1993, shall be recruited through competitive examinations or selections in accordance with the regulations.

6.3. In cases where individuals have already contributed to social insurance before being hired and have not yet enjoyed retirement benefits, the contribution period will be counted towards their retirement benefits.

7. Within thirty days after the completion of the competitive examination, and within fifteen days after the completion of the selection process, the recruitment board must report the recruitment results to the competent authority managing civil servants for review and issuance of a decision recognizing the recruitment results.

8. Within forty-five days from the end of the competitive examination period, and within thirty days from the end of the selection period, the head of the recruiting unit must publish the recruitment results and the list of successful candidates at the unit's headquarters and send notification letters to the applicants.

9. Within thirty days from the publication of the recruitment results, public service organizations must report the results and list of recruited individuals to the Ministry, ministerial-level agency, or government agency (hereinafter referred to as the Ministry) and provincial People's Committees (hereinafter referred to as the province) for monitoring (in accordance with Form No. 04 attached to this Circular).

10. Upon receiving the notification letter of successful recruitment, the recruited individual must go to the recruiting unit to sign the employment contract and start work as stipulated. In case of valid reasons preventing them from signing the employment contract and starting work within the prescribed timeframe, they must submit a request for extension of the contract signing and work commencement periods. The head of the recruiting unit will consider and extend these periods, but not exceeding thirty days from the receipt of the notification letter (as evidenced by the Post Office stamp).

Section 3. Employment Contracts

1. The initial employment contract shall be concluded between the head or the person authorized by the head of the public service unit and the recruited individual, and shall be implemented according to Model No. 01 issued together with this Circular.

2. After the completion of the initial employment contract period, individuals who meet the probationary requirements shall continue to sign specific employment contracts as follows:

2.1. An employment contract with a term from twelve months to thirty-six months shall be concluded between the head or the person authorized by the head of the public service unit and the individual who has met the probationary requirements of a self-financing public service unit that fully covers its regular operational costs, or a public service unit that partially covers its regular operational costs.

For cases where there have been two consecutive times or more signing employment contracts with a term of thirty-six months, the subsequent employment contract shall be signed based on the work needs, the working capacity of the civil servant, and the financial capability of the public service unit, allowing for the conclusion of an indefinite-term employment contract for each specific case.

2.2. An indefinite-term employment contract shall be concluded between the head or the person authorized by the head of the public service unit and the individual who has met the probationary requirements of a public service unit that is fully funded by the State for its regular operational costs.

2.3. The contents of the employment contract with a term and the indefinite-term employment contract shall be implemented according to Model No. 02 issued together with this Circular.

3. A special employment contract shall apply to individuals recruited aged from fifteen to under eighteen years old as stipulated at Point 1.3, Section 1, Part II of this Circular.

3.1. A special employment contract shall be concluded between the head or the person authorized by the head of the public service unit and the individual who has met the probationary requirements and the legal representative of the successful candidate. The duration of the special employment contract shall be calculated from the end of the probationary period until the successful candidate reaches eighteen years old.

3.2. During the implementation of the special employment contract, the recruited individual must fulfill their obligations and refrain from actions prohibited for civil servants as prescribed in the Civil Servant Ordinance.

3.3. Individuals signing a special employment contract shall enjoy benefits and policies as prescribed for civil servants. From the time they complete the probationary period, the remaining time shall be counted towards regular salary increments. The time spent implementing the special employment contract shall be included in the total working time for social insurance purposes.

3.4. In the event of disputes during the implementation of the special employment contract, the recruited individual may have their legal representative resolve the contract dispute on their behalf.

3.5. The contents of the special employment contract shall be implemented according to Model No. 03 issued together with this Circular.

4. Individuals recruited from July 1, 2003 onwards shall be implemented through the form of employment contracts.

5. Individuals recruited before July 1, 2003 but still within the probationary period shall be considered for appointment to a rank upon completion of the probationary period, without signing an employment contract as required for individuals recruited from July 1, 2003.

6. Employment contracts shall not be concluded for leadership positions within the Prime Minister's appointment authority.

Section 4. Probation, Appointment

1. The purpose of the probation system is to help newly recruited personnel become familiar with the working environment and practice the tasks of the position they will be appointed to.

2. During the probation period, the recruited person must complete the following matters:

2.1. Duties, rights, and prohibitions for civil servants as stipulated in the Civil Servants Ordinance;

2.2. Organization, functions, and responsibilities of the unit where they are employed;

2.3. Internal regulations and work rules of the unit, responsibility regime of the assigned position;

2.4. Knowledge and skills according to the requirements of the level and understanding of the position to be appointed;

2.5. Policies and related regulations concerning the job of the current position;

2.6. Handling and performing tasks of the civil servant position to be appointed and other assigned tasks.

3. The probation period for newly recruited personnel shall be implemented as prescribed in Article 19 of Decree No. 116/2003/NĐ-CP. In certain special cases, it shall be carried out as follows:

3.1. For those who have qualifications above the standard required for the position (higher than vocational education standard - secondary technical school), if they voluntarily apply and are recruited into positions requiring secondary technical school qualifications, the probation period is six months;

3.2. For those who have qualifications above the standard required for the position (lower than vocational education standard - basic level), if they voluntarily apply and are recruited into positions requiring basic level qualifications, the probation period is three months;

3.3. In these cases, after being appointed to the position, if the unit requires and the position at a higher level is suitable for their capabilities and specialized training, they may only be considered for promotion after having worked for at least twelve months; the promotion shall be carried out in accordance with the provisions of Article 26 of Decree No. 116/2003/NĐ-CP.

4. Civil servants with master's and doctoral degrees, who were recruited and were still on probation until July 1, 2003, shall be classified according to the provisions of Clause 1, Article 21 of Decree No. 116/2003/NĐ-CP and shall enjoy benefits from July 1, 2003.

5. Units managing and using civil servants create conditions for probationers to be trained according to the requirements of the position. During the probation period, if the probationer is sent to study or receive training for less than three months or take leave for valid reasons for less than one month (for positions requiring university-level qualifications or higher); or study or receive training for less than one month or take leave for valid reasons for less than fifteen days (for positions requiring vocational education qualifications or lower), then this time shall be counted towards the probation period as prescribed.

6. Regarding the person guiding the probationer:

6.1. The head of the unit employing civil servants must issue a written decision appointing a person to guide probation. The person guiding probation must have the ability, professional expertise, and reputation within the unit;

6.2. If the person guiding probation is a civil servant in the same position as the probationer, they must have been in that position for at least five years. If there is no person in the same position or no person in a higher position to guide the probationer, the head of the unit employing civil servants will directly guide the probationer;

6.3. The person guiding probation must provide an evaluation and comment on the results of the probationer, report to the head of the unit employing civil servants, and bear responsibility for their evaluation;

6.4. The person guiding probation receives a monthly duty allowance equal to thirty percent of the minimum wage during the actual guidance period. This duty allowance is not included in social insurance contributions.

7. At the end of the probation period, the probationer must write a self-assessment of the probation results as follows:

7.1. Moral character;

7.2. Competence, qualification, and work and study results during the probation period;

7.3. Organizational awareness and compliance with discipline, internal regulations, and rules of the unit;

7.4. Compliance with Party and State policies.

8. Within fifteen days from receiving the assessment of the probation results, the head or the authorized representative of the public institution must sign a labor contract with the civil servant and report to the competent authority managing civil servants or the unit entrusted with the right to recruit civil servants to issue a decision appointing them to the position and classifying their salary according to the signed contract.

9. If the probationer does not meet the probation requirements or is disciplined with a warning or higher, the head of the unit employing civil servants must report to the head of the competent authority managing recruitment of civil servants or the unit entrusted with the right to recruit civil servants to issue a written decision terminating the labor contract.

A probationer whose labor contract is terminated shall enjoy the policy prescribed in Clause 3, Article 24 of Decree No. 116/2003/NĐ-CP.

III. Promotion of Civil Servants

1. Annually, units employing civil servants must develop a plan for promotion to report to the competent authority managing civil servant levels. The authority managing civil servant levels shall establish a proposal for the promotion examination including:

1.1 Structure of civil servant levels currently existing in each professional field of each public institution;

1.2 Establishing examination quotas for each level;

1.3 Examination materials for organizing the promotion examination;

1.4 Composition of the Promotion Examination Board;

1.5 Grading Committee (list, level, academic degree, and scientific title);

1.6 Time to introduce examination content and examination time.

2. Based on the requirements and nature of each specialized civil servant level, the authority managing specialized civil servant levels shall specify the content and form of the examination.

3. On organizing the promotion examination:

3.1 For civil servant levels equivalent to the specialist level or below: The Ministry or province decides the examination proposal and the organization of the examination based on the structure of the level and the actual needs of each public institution;

3.2. For civil servant ranks equivalent to the senior specialist rank: After compiling the demand for promotion examination from public service units, the Ministry or province shall develop a project in accordance with Point 1 of Part III of this Circular and send it to the Ministry of Home Affairs for unified planning and quota. After the Ministries organize the examination and recognize the results of the promotion examination, they shall submit the examination results to the Ministry responsible for managing the specialized civil servant rank to issue the rank certificate for the Ministry or province to appoint to the civil servant rank within their authority.

3.3. For civil servant ranks equivalent to the senior specialist rank: After compiling the demand for promotion examination from Ministries and provinces, the Ministry managing the specialized civil servant rank shall develop a project and send it to the Ministry of Home Affairs for unified planning and quota. The Ministry of Home Affairs shall coordinate with the Ministries managing the specialized civil servant rank to organize the promotion examination. After recognizing the examination results, the Ministries and provinces shall submit the list of successful civil servants to the Ministry of Home Affairs for the Minister of Home Affairs to issue the rank certificate and make the appointment decision.

3.4. Within no more than thirty days from the end date of the promotion examination, the Promotion Examination Board must report the examination results to the head of the competent authority organizing the promotion examination for review and decision on recognition and request the Ministry managing the specialized civil servant rank or the Ministry of Home Affairs to issue the rank certificate.

Within no more than forty-five days from the end date of the promotion examination, the Promotion Examination Board must announce the examination results, inform the examinees, and send the rank certificate to those who have achieved the results.

Within no more than thirty days from the announcement of the examination results, based on the rank certificate, the competent authority managing the civil servant rank shall make the appointment decision.

3.5. Within no more than twenty days from the announcement of the examination results, if the examinee has a complaint, the Promotion Examination Board shall be responsible for reviewing, resolving, and informing the complainant of the outcome. After this period, all complaints will not be resolved.

3.6. Within no more than thirty days from the recognition of the examination results, the competent authority managing the civil servant rank shall send a report listing those who have passed the promotion examination (in Form No. 05 issued together with this Circular) to the Ministry of Home Affairs and the competent authority managing the specialized civil servant rank for monitoring.

4. Calculation of examination results: A person who achieves the promotion examination result must take all subjects and score at least 55 points out of 100 in each subject. A person scoring between 55 and 69 points in each subject is considered average. A person scoring between 70 and 79 points in each subject is considered good. A person scoring 80 points or higher in each subject is considered excellent.

IV. Management of Civil Servants

1. Ministries and provinces shall base on the guidance in this Circular to establish lists of public service units, classify public service units according to financial autonomy levels, and delegate management authority over civil servants to each public service unit under their management as follows:

1.1. Public service units funded entirely by the state budget for regular operational expenses, the Ministry or province shall manage the recruitment, utilization, and management of civil servants in such units.

1.2. Public service units with income, self-governance, and full responsibility for financial matters, self-funding all regular operational expenses, the Ministry or province shall delegate authority to such units to independently manage recruitment, utilization, and management of civil servants within their own units.

1.3. Public service units with income, self-governance, and partial responsibility for financial matters, self-funding part of regular operational expenses, depending on the degree of self-governance and self-funding of regular operational expenses of each public service unit, the Ministry or province shall delegate partial authority to such units to independently manage recruitment, utilization, and management of civil servants within their own units.

2. Ministries assigned to manage specialized civil servant ranks shall organize reviews of job titles and vocational standards of civil servant ranks according to professional fields, propose supplements, amendments, or construction of new job titles and standards, and submit them to the Ministry of Home Affairs for consideration and unified implementation.

3. The entity employing civil servants shall be responsible for establishing, managing, and retaining the files of civil servants. The file of a civil servant includes:

3.1. Original personal history statement and other personal history statements made by the civil servant as required by the management authority;

3.3. Sufficient copies certified by a competent authority of academic certificates, certificates, and transcripts that meet the requirements of the applied rank. Upon successful recruitment, the original documents must be presented for verification.

3.3. Copies of educational certificates and training certificates;

3.4. Decisions on rewards, punishments, salary increments, and rank promotions;

3.5. Annual performance evaluation forms;

3.6. Updates on other occurrences during the course of work and changes in personal history;

3.7. Investigative, verification, and conclusion documents from competent authorities related to origin, work history, rewards, punishments, explanations, and other relevant materials;

3.8. Personal self-criticism reports, complaint explanation letters, achievement records related to rewards, and documents resolving complaints, accusations, and disciplinary actions against civil servants.

4. Management of Quantity and Quality of Civil Servant Cadres:

4.1. Ministries and provinces shall organize a database of civil servants under their management according to the unified guidelines of the Ministry of Home Affairs.

Initially, Ministries and provinces shall implement two separate data systems: the Civil Servant Data System and the Civil Servant Data System to manage separately;

4.2. Ministries and provinces shall direct subordinate public service units to compile a list of civil servants, tally the quantity and quality of civil servants up to December 31, 2003, using Forms No. 06 and No. 07 attached to this Circular, and submit them to the Ministry of Home Affairs for monitoring;

4.3. Starting from 2004, Ministries and provinces shall implement an annual reporting system every year on December 31.

The content of the report includes:

- Quantity, quality, and structure of the civil servant cadre (by field and by subordinate unit);

- Recruitment of civil servants;

- Promotion of civil servants;

- Rewards and punishments for civil servants;

- Annual assessment of civil servants;

- Appointment, reappointment, rotation, resignation, and dismissal of civil servant leaders;

- List of civil servant ranks and salary grades.

5. The Ministry of Home Affairs shall uniformly manage the template and form of the "rank certificate" and the "employment contract".

V. Implementation

1. The Minister, Head of a ministry-level agency, agency under the Government, Chairman of the People's Committee of a province or centrally governed city shall be responsible for organizing the implementation of the provisions of this Circular.

Ministries assigned by the Government to manage specialized civil servant grades shall implement management in accordance with the contents stipulated in Article 49 of Decree No. 116/2003/NĐ-CP and coordinate with the Ministry of Home Affairs to provide guidance on implementation.

2. This Circular replaces Circular No. 04/1999/TT-BTCCBCP dated March 20, 1999 of the Government Organizational and Cadre Affairs Board guiding the implementation of Decree No. 95/1998/NĐ-CP dated November 17, 1998 of the Government on the recruitment, utilization, and management of civil servants; Circular No. 32/TCCP-BCTL dated January 20, 1996 of the Government Organizational and Cadre Affairs Board on guiding the content and form of examinations for admission to civil servant and specialized civil servant grades. It terminates the effectiveness of Circular No. 197/BNV-CCVC dated September 12, 2002 of the Ministry of Home Affairs on examining the transfer to civil servant or equivalent grades.

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

4. In case of any difficulties during implementation, ministries, ministry-level agencies, agencies under the Government, People's Committees of provinces or centrally governed cities shall report to the Ministry of Home Affairs for research and resolution./.