Decree No. 115/2003/NĐ-CP on the probationary civil servant system

DECREE

Regarding the regime for probationary civil servants

__________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Civil Servant Ordinance dated February 26, 1998, and the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 29, 2003;
At the request of the Minister of Home Affairs,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. OBJECTS AND SCOPE OF REGULATION

This Decree stipulates the recruitment regime, utilization, obligations, rights and benefits, prohibited actions, policies, and management of probationary civil servants.

Article 2. Probationary civil servant

A probationary civil servant is a Vietnamese citizen within the establishment, receiving salary from the state budget, recruited to supplement the cadre and civil servant workforce as specified in points b and c, Clause 1, Article 1 of the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 29, 2003. Probationary civil servants are assigned to work with a fixed term at the following agencies and organizations:

1. The National Assembly Office;

2. The President's Office;

3. People's Courts at all levels;

4. People's Procuracy at all levels;

5. Ministries, ministerial-level agencies, and government agencies;

6. Provincial People's Councils, People's Committees of centrally governed cities, district, county, town, and provincial city People's Committees;

7. Administrative machinery under political organizations and political-social organizations;

8. People's Committees of communes, wards, and towns.

Article 3. Definitions

In this Decree, the following terms are understood as follows:

1. "Recruitment of probationary civil servants" refers to the process of recruiting individuals to work under the probationary civil servant regime through examination or selection.

2. "Agency utilizing probationary civil servants" refers to the agency or organization having administrative and professional management authority over probationary civil servants;

3. "Agency with authority to manage civil servants" refers to the agency entrusted with the authority to recruit and manage civil servants including probationary civil servants.

Chapter II

RECRUITMENT AND UTILIZATION OF PROBATIONARY CIVIL SERVANTS

Article 4. Recruitment of probationary civil servants

1. Recruitment of probationary civil servants must be conducted through competitive examinations.

2. Individuals willing to work for five years or more in highland, remote, border, island areas or to meet the requirements for building a cadre and civil servant workforce in ethnic minority regions may be recruited through selection.

Article 5. Eligibility criteria and conditions for application

Individuals applying for recruitment as probationary civil servants must meet the professional eligibility criteria of the grade they apply for and satisfy the following conditions:

1. Being a Vietnamese citizen with a permanent residence address in Vietnam;

2. Having good moral character;

3. Age must be between eighteen and forty years old;

4. Submitting a clear application form and curriculum vitae; possessing the required certificates according to the grade applied for;

5. Having sufficient health to perform the duties;

6. Not being in the period of criminal investigation, serving a prison sentence, undergoing conditional release, or being subject to community-based correctional measures, or being placed in a medical facility, educational institution.

Depending on the nature and professional characteristics, the recruiting agency may add additional conditions for applicants.

Article 6. Priority in competitive examinations for probationary civil servants

Priority in competitive examinations for probationary civil servants shall be given to the following cases:

1. Heroes of the Armed Forces, Labor Heroes, and disabled veterans shall be granted thirty points added to their total examination scores;

2. Children of martyrs, children of disabled veterans, children of war invalids, and those holding a doctoral degree in the relevant field of study matching the recruitment needs shall be granted twenty points added to their total examination scores;

3. Those holding a master's degree in the relevant field of study matching the recruitment needs; those graduating with excellent grades from specialized training programs matching the recruitment needs; those who have completed their military service obligation; former members of the Youth Volunteer Corps, and young intellectuals who have served rural and mountainous areas for two years or more and have fulfilled their tasks shall be granted ten points added to their total examination scores.

Article 7. Priority in selection for probationary civil servants

Individuals committing to work for five years or more in highland, remote, border, and island areas shall be selected based on the following priority order:

1. Ethnic minorities and residents of the place where they commit to work;

2. Heroes of the Armed Forces, Labor Heroes;

3. Disabled veterans;

4. Children of martyrs;

5. Children of disabled veterans, children of war invalids;

6. Those holding a doctoral degree in the relevant field of study matching the recruitment needs;

7. Those holding a master's degree in the relevant field of study matching the recruitment needs; those graduating with excellent grades from specialized training programs matching the recruitment needs; those who have completed their military service obligation, former members of the Youth Volunteer Corps, and young intellectuals who have served rural and mountainous areas for two years or more and have fulfilled their tasks.

Article 8. Recruitment plan for probationary civil servants

1. When establishing the civil servant staffing plan, the competent state agency managing civil servants must establish a probationary civil servant staffing plan based on needs and job positions, and the structure of civil servant grades.

2. Based on the annual allocation of probationary civil servant staffing quotas, the competent state agency managing civil servants must develop a recruitment and utilization plan for probationary civil servants including: the number, grades of civil servants to be recruited by agency or unit, recruitment standards and conditions, time schedule for recruitment, and projected number of probationary civil servants to be assigned to agencies or units.

3. Recruitment of probationary civil servants can be organized by civil servant grade.

Article 9. Announcement of recruitment of probationary civil servants

1. At least sixty days before organizing the competitive examination for probationary civil servants, the competent agency managing civil servants must publicly announce on mass media the necessary information about the conditions, standards, number needed, time, content, format of the recruitment, requirements for the application dossier, and contact address.

2. Applicants must meet the standards and conditions and submit their application dossier as prescribed.

Article 10. Preliminary screening

1. The preliminary screening of probationary civil servants is carried out by the Preliminary Screening Board established by the agency or organization allocated the quota for recruiting probationary civil servants by the competent agency managing civil servants.

2. The Preliminary Screening Board is established by the head of the agency and consists of three or five members, including:

a) The Chairman of the Board is the head or deputy head of the agency;

b) Members of the Board are representatives of the leadership of the agency's specialized departments;

c) The Secretary of the Board兼任公职人员预聘委员会秘书，负责该机构招聘工作的公务员。

3. The Preliminary Screening Board has the following tasks:

a) Receiving application files for preliminary screening;

b) Reviewing to select candidates who meet the recruitment criteria and conditions;

c) Reporting and recommending the person in charge of the agency to decide on the list of candidates who have passed the preliminary screening. The number of candidates selected must be more than one-third (one third) of the recruitment quota. In cases where there are not enough candidates as stipulated, a report must be submitted for the Civil Servant Reserve Recruitment Board to consider and decide;

d) Submitting the list along with the application files to the Civil Servant Reserve Recruitment Board as prescribed.

Article 11. Civil Servant Reserve Recruitment Board

1. The recruitment of civil servant reserves is carried out by the Civil Servant Reserve Recruitment Board. The Recruitment Board is established by the decision of the head of the agency authorized to manage civil servants.

2. The Recruitment Board consists of five or seven members, including:

a) The Chairman of the Board is the head or deputy head of the agency authorized to manage civil servants;

b) The Vice-Chairman of the Board is the person in charge of organizational cadres at the agency authorized to manage civil servants;

c) The Board members are representatives of the heads of specialized agencies under the agency authorized to manage civil servants;

d) The Board member兼任秘书是负责招聘工作的公务员。

3. The Examination Committee and the Grading Committee assist the Recruitment Board.

Article 12. Duties and powers of the Recruitment Board

The Recruitment Board operates based on the principle of collective work and majority voting, with the following duties and powers:

1. Announcing the recruitment plan; rules and regulations; recruitment criteria and conditions; subjects, format, time, and location of the examination;

2. Organizing the preparation of examination questions; establishing the Examination Committee and the Grading Committee;

3. Receiving and reviewing application files from the Preliminary Screening Board; announcing the list of candidates who meet the recruitment criteria and conditions;

4. Organizing the examination or selection according to the regulations; reporting the recruitment results to the authorized agency for review and issuance of the decision recognizing the results; announcing the recruitment results;

5. Handling complaints and reports from candidates.

Article 13. Calculation of scores and admission in the examination period

1. Each section of the examination is scored out of 100 points.

2. A candidate admitted in the examination period is someone who has taken all the required subjects, with each section score reaching 50 points or higher, and ranked from the highest total score down to the recruitment quota.

3. The addition of bonus points and determination of admitted candidates in cases of priority as stipulated in Article 6 of this Decree shall be carried out as follows: if a candidate falls into multiple priority categories, they can only receive the highest priority point, which is added to the total score of all sections.

4. In cases where multiple candidates have the same total score at the last recruitment quota, the Recruitment Board decides to organize additional examinations to select the candidate with the highest score for admission.

Article 14. Admission in the selection period

A candidate admitted in the selection period is someone who meets the criteria and conditions, and is recommended by the Recruitment Board to the authorized agency managing civil servants to issue a decision on the recruitment of civil servant reserves based on the provisions of Articles 5 and 7 of this Decree.

Article 15. Time limit for issuing the recruitment decision and taking up the position

1. Within the latest thirty days after announcing the recruitment results, the authorized agency managing civil servants issues a decision to recruit the admitted candidates as civil servant reserves.

2. Within the latest thirty days from the date of the recruitment decision, the recruited person must report to the agency to take up the position, unless otherwise specified in the recruitment decision.

3. In cases where the recruited person has valid reasons for not being able to take up the position within the specified time, they must submit a request for extension of the time to take up the position, which must be agreed upon by the agency issuing the recruitment decision. The extended time shall not exceed thirty days.

4. If the recruited person does not report to take up the position beyond the specified time, the authorized agency managing civil servants will issue a decision to revoke the recruitment decision for civil servant reserves.

Article 16. Duration of the civil servant reserve system

The duration of the civil servant reserve system is twenty-four months. During this period, the authorized agency managing civil servants is responsible for organizing training programs for civil servant reserves to complete administrative management knowledge.

Article 17. Guidance for civil servant reserves

The agency using civil servant reserves is responsible for:

1. Guiding civil servant reserves to perform their job responsibilities and duties according to the probationary system;

2. Assigning a civil servant of the same grade or a higher grade with experience to guide civil servant reserves. Each civil servant can only guide one civil servant reserve at a time.

Article 18. System and policies for civil servant reserves and their mentors

1. Civil servant reserves receive eighty-five percent of the starting salary grade of the recruited position; in cases where civil servant reserves hold a master's degree that meets the recruitment requirements, they receive eighty-five percent of the second salary grade of the recruited position; civil servant reserves holding a doctoral degree that meets the recruitment requirements receive eighty-five percent of the third salary grade of the recruited position.

2. Civil servant reserves in the following situations receive one hundred percent of the salary and allowances (if any) of the recruited position and other policies as prescribed:

a) Working in highland, remote, border, and island areas;

b) Working in hazardous and dangerous industries;

c) Those who have completed military service, volunteer youth teams, or intellectual volunteers serving rural and mountainous areas for two years or more and have fulfilled their tasks.

3. Civil servant reserves receive one hundred percent of the current salary grade of the recruited position and from this point onwards, the time served is counted towards salary increments based on seniority when the probationary period requirement is met, corresponding to the recruited position.

4. Civil servants assigned to guide civil servant reserves receive a responsibility allowance equal to thirty percent of the minimum wage during the guidance period.

Article 19. Evaluation and appointment of civil servant reserves to civil servant positions

1. After completing twenty-four months in the civil servant reserve system, civil servant reserves must submit a report on the performance of their duties to the head of the agency using the civil servant reserves.

2. The civil servant assigned to guide the probationary civil servant shall prepare an evaluation report on the probationary civil servant and submit it to the head of the agency using the probationary civil servant.

3. The head of the agency using the probationary civil servant shall evaluate the completion of tasks by the probationary civil servant and submit the evaluation to the competent authority for consideration and decision on appointment or non-appointment to the civil service rank.

4. If the probationary civil servant is not appointed to a civil service rank, the agency that issued the recruitment decision shall revoke the recruitment decision and provide severance pay equivalent to one month's salary and allowances (if applicable) for each year of work, along with travel expenses back to their place of residence.

Chapter III

OBLIGATIONS, RIGHTS AND THINGS THAT PROBATIONARY CIVIL SERVANTS SHALL NOT DO

Article 20. Obligations

Probationary civil servants must perform obligations as stipulated for cadres and civil servants under Articles 6, 7, and 8 of the Cadre and Civil Servant Ordinance.

Article 21. Rights

Probationary civil servants have the following rights:

1. To enjoy benefits as stipulated in Clause 1, 2, 3, 5, and 6 of Article 9 and Articles 10, 11, 12, 13, and 14 of the Cadre and Civil Servant Ordinance;

2. To enjoy social insurance, sick leave, occupational accident, occupational disease, maternity, and death benefits as prescribed in Articles 107, 142, 143, and 144 of the Labor Code. In cases where a probationary civil servant suffers an occupational accident, they shall enjoy the policy prescribed in Clause 2 of Article 146 of the Labor Code;

3. To receive salary and allowances (if applicable) as for civil servants during the probation period. Additionally, probationary civil servants also enjoy other benefits as cadres and civil servants at the workplace where they serve.

Article 22. Things that probationary civil servants shall not do

Probationary civil servants must comply with regulations regarding things that civil servants shall not do as stipulated in Articles 15, 16, 17, and 18 of the Cadre and Civil Servant Ordinance.

Chapter IV

MANAGEMENT OF PROBATIONARY CIVIL SERVANTS

Article 23. Duties and powers of the Ministry of Interior

The Ministry of Interior, as a government agency responsible for state management of probationary civil servants, has the following duties and powers:

1. To submit to the Government for approval plans to build probationary civil servant teams within the administrative state management sector;

2. To submit to the Government for issuance of salary systems and other incentive policies for probationary civil servants;

3. To decide on the allocation of probationary civil servant quota positions to ministries, ministerial-level agencies, government agencies, provincial people's committees, pursuant to the Prime Minister's authorization;

4. To issue regulations on the recruitment of probationary civil servants;

5. To prescribe procedures for file establishment, identification numbers, cards, and wearing regulations for probationary civil servants;

6. To inspect and supervise the implementation of state regulations concerning probationary civil servants;

7. To direct the resolution of complaints and denunciations against probationary civil servants according to the law on complaints and denunciations;

8. To prescribe programs, certificates, and organize training and development for probationary civil servants according to the level of authority.

Article 24. Duties and powers of ministries, ministerial-level agencies, government agencies, and provincial people's committees directly under the central government

1. To allocate quota positions for recruitment and placement of probationary civil servants;

2. To organize the recruitment of probationary civil servants according to regulations;

3. To issue decisions to recruit successful candidates as probationary civil servants; to assign and arrange probationary civil servants to work at agencies and grassroots units; to extend the time for probationary civil servants to start work; to issue decisions to revoke recruitment decisions for probationary civil servants who fail to complete tasks; to decide on the appointment of probationary civil servants to civil service ranks;

4. To allocate budgets for agencies and units using probationary civil servants to pay salaries, contribute to social insurance, health insurance, and ensure the implementation of policies for probationary civil servants;

5. To manage the quantity and quality of probationary civil servants and implement policies for them;

6. To organize inspections and supervision of the implementation of state regulations concerning probationary civil servants within their jurisdiction;

7. To resolve complaints and denunciations against probationary civil servants according to the law on complaints and denunciations;

8. To develop plans for administrative state management knowledge enhancement for probationary civil servants.

Article 25. Duties and powers of agencies using probationary civil servants

Agencies using probationary civil servants have the following duties and powers:

1. To organize assignments and placements for probationary civil servants, to assign guides for probationary civil servants, and to implement provisions of this Decree concerning probationary civil servants;

2. To arrange time for probationary civil servants to complete the administrative state management knowledge enhancement program as prescribed;

3. To implement policies, pay salaries, and contribute to social insurance and health insurance for probationary civil servants;

4. To evaluate probationary civil servants;

5. To reward and discipline probationary civil servants within their authority or to propose higher authorities to reward or discipline probationary civil servants;

6. To establish and manage files of probationary civil servants.

Chapter V

REWARDS AND DISCIPLINE

Article 26. Awards

Probationary civil servants who achieve outstanding results in performing tasks shall be considered for rewards as prescribed in Article 37 of the Cadre and Civil Servant Ordinance.

Article 27. Disciplinary Measures

1. Probationary civil servants who violate laws, if not to the extent of being criminally prosecuted, shall be subject to one of the following disciplinary measures depending on the nature and degree of violation:

a) Reprimand;

b) Warning;

c) Termination of employment.

2. Disciplinary measures of reprimand and warning against probationary civil servants shall be decided by the head of the agency using the probationary civil servant. Disciplinary measures of termination of employment against probationary civil servants shall be decided by the head of the agency with authority to manage civil servants.

3. If probationary civil servants violate laws with signs of criminal offenses, they shall be criminally prosecuted according to the law. If a probationary civil servant is sentenced to imprisonment without suspended sentence, they shall be terminated from employment from the date the judgment or decision becomes legally effective.

4. If probationary civil servants cause loss or damage to state property through loss, damage to equipment, or other actions, they shall be required to compensate according to the law.

5. If probationary civil servants commit violations of the law while performing tasks or public duties and cause damage to others due to negligence, they shall be required to repay the agency or organization the amount paid as compensation to the person suffering damage according to the law.

Article 28. Disciplinary Board

1. The disciplinary action against probationary civil servants shall be examined by the Disciplinary Council of the agency employing the probationary civil servant and proposed to the competent authority specified in Clause 2 of Article 27 of this Decree for decision.

2. The Disciplinary Council for probationary civil servants shall be established by the head of the agency employing the probationary civil servant, consisting of:

a) The Chairman of the Council is the head or deputy head of the agency employing the probationary civil servant;

b) Members of the Council include: the person in charge of organizational and personnel work at the agency employing the probationary civil servant and a representative of the trade union or a representative of the civil servants of that agency (if such agency does not yet have a trade union organization).

Article 29. Examination of disciplinary actions and resolution of complaints regarding discipline

The examination of disciplinary actions and resolution of complaints regarding discipline against probationary civil servants shall also be carried out in accordance with Articles 41, 42, 44, and 45 of the Civil Servant Ordinance.

Chapter VI

IMPLEMENTING PROVISIONS

Article 30. Effectiveness

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

Article 31. Responsibility for guiding implementation

1. The Minister of Interior shall be responsible for guiding the implementation of this Decree.

2. The competent authority of political organizations shall guide the application of the probationary civil servant system to agencies under political organizations and political-social organizations based on the provisions of this Decree.

Article 32. Responsibility for Implementation

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