Decree No. 116/2003/ND-CP On Recruitment, Employment, and Management of Civil Servants in State-Owned Public Service Units

DECREE OF THE GOVERNMENT

Regarding the recruitment, employment, and management of officials and civil servants

in state-run public service units

____________________

THE GOVERNMENT

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

Pursuant to 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 proposal of the Minister of Home Affairs:

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the recruitment, employment, and management of officials and civil servants in state-run public service units, political organizations, and socio-political organizations (hereinafter referred to collectively as public servants).

Article 2. Scope of Application

The term public servant mentioned in this Decree refers to Vietnamese citizens within the establishment, recruited and appointed to a rank of public servant or assigned to perform regular duties in state-run public service units, political organizations, and socio-political organizations as defined in point d, Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Law on Officials and Civil Servants dated April 29, 2003, receiving salaries from the state budget and other sources of public service income as prescribed by law.

Article 3. Explanation of Terms

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

1. "Establishment" means the number of people working in state-run public service units, determined by the unit itself or approved by the competent authority according to the guidelines of the State;

2. "Public servant rank" is the title of a public servant in state-run public service units, reflecting the level of professional expertise;

3. "Grade" refers to the scale of value within each public servant rank, with each grade corresponding to a salary coefficient;

4. "Promotion to a higher rank" means advancing from a lower rank to a higher rank within the same field of professional expertise;

5. "Transfer to another rank" means moving from one public servant rank to another at the same level of professional expertise;

6. "Recruitment" is the process of hiring individuals through contracts for work within the establishment of state-run public service units via examination or selection;

7. "Employment contract" is the form of recruiting individuals to work in state-run public service units through a written agreement between the unit authorized to recruit and the individual recruited;

8. "Appointment to a rank" is the decision to appoint individuals meeting the criteria to a specific public servant rank;

9. "Probationary period" is the process where the recruited individual performs trial duties and responsibilities of the rank they will be appointed to after signing the employment contract;

10. "Public servant employing unit" is the unit with administrative and professional management authority over public servants;

11. "Authority managing public servants" is the agency or unit entrusted with the power to recruit and manage public servants;

12. "Authority managing public servant ranks" is the agency entrusted with the power to manage specialized public servant ranks.

Article 4. Classification of Public Servants

Public servants mentioned in this Decree are classified as follows:

1. Classification based on educational qualifications:

a) Class A public servants are those appointed to ranks requiring a minimum standard of university education or higher;

b) Class B public servants are those appointed to ranks requiring a minimum standard of vocational education;

c) Class C public servants are those appointed to ranks requiring a minimum standard below vocational education.

2. Classification based on public servant ranks:

a) Public servants holding ranks equivalent to senior specialist ranks or higher;

b) Public servants holding ranks equivalent to principal specialist ranks;

c) Public servants holding ranks equivalent to specialist ranks;

d) Public servants holding ranks equivalent to staff ranks;

e) Public servants holding ranks equivalent to clerk ranks.

3. Classification based on job positions:

a) Leadership public servants;

b) Professional public servants.

The classification of public servants must be based on the provisions set forth in this Article.

Chapter II

RECRUITMENT

Section 1

RECRUITMENT REQUIREMENTS

Article 5. Conditions for persons registering to apply for civil servant positions

1. Persons registering to work at public service units must have good moral character, meet the professional standards of the civil servant position being recruited for, and satisfy the following conditions:

a) Be a Vietnamese citizen with a permanent residence address in Vietnam;

b) Age between 18 and under 45 years old at the time of application. For special professions, the age limit may be lower than 18 but not less than 15, or higher than 45 but not exceeding 50;

For cases applying for special professions while aged between 15 and under 18, provisions shall be implemented according to Articles 15 and 18 of this Decree;

c) Have an application form, clear personal history, and relevant educational certificates meeting the requirements of the civil servant position being recruited for;

d) Be in good health to perform the job duties;

đ) Not be in a period of criminal responsibility pursuit, serving a prison sentence, undergoing non-custodial re-education, probation, community-based education measures, or being admitted to a treatment facility or educational institution;

2. Based on the nature and professional characteristics, the competent authority managing civil servants or the unit authorized to recruit civil servants may supplement additional conditions when recruiting;

The Minister of Home Affairs shall provide detailed guidance on the recruitment age for special professions;

Article 6. Recruitment Forms

1. Recruitment of civil servants as stipulated in this Decree shall be conducted through competitive examinations or direct appointments and shall be carried out in the form of employment contracts;

2. Recruitment can be organized by position or by unit;

Article 7. Priority in Recruitment

Priority shall be given to the following cases in recruitment:

1. Ethnic minority people, volunteers serving in remote, border, island areas; heroes of the armed forces; labor heroes; war invalids; children of martyrs, children of war invalids, children of disabled veterans;

2. Individuals holding a Doctorate degree in the relevant field, matching the recruitment needs;

3. Individuals holding a Master's degree in the relevant field, matching the recruitment needs; those who graduated with excellent grades from specialized training programs matching the recruitment needs; individuals who have completed their military service obligations, former members of the Youth Volunteer Corps, and intellectuals who have served rural and mountainous areas for two years or more and have fulfilled their tasks;

Section 2

RECRUITMENT

Article 8. Basis for Recruitment

Based on job requirements, approved staffing plans, and financial resources of the unit, the competent authority managing civil servants or the unit authorized to recruit shall develop a recruitment plan and decide on the form of competitive examination or direct appointment, report to the immediate superior and the competent authority managing civil servants for monitoring and inspection;

Article 9. Recruitment Announcement

At least 30 days before organizing the recruitment, the public service unit must publicly announce the criteria, conditions, quantity, and required positions, as well as the contents of the application dossier via local mass media so that everyone can know and register.

Article 10. Recruitment Board

1. When conducting recruitment for civil servants, the competent authority managing civil servants or the unit entrusted with the right to recruit must establish a Recruitment Examination Board if organizing an examination or a Recruitment Appraisal Board if organizing an appraisal (hereinafter referred to collectively as the Recruitment Board). In cases where the number of applicants far exceeds the required number of recruits, the Recruitment Board may organize a preliminary screening before the formal recruitment process.

2. The Recruitment Board shall be established by the head of the competent authority managing civil servants or by the head of the unit entrusted with the right to recruit, consisting of 05 or 07 members, including:

a) The Chairman of the Board is the head or deputy head of the unit entrusted with the right to recruit civil servants;

b) The Vice-Chairman of the Board is the person in charge of organizational and personnel work at the unit entrusted with the right to recruit civil servants;

c) The Board members are representatives of the leadership of specialized organizations and units within the unit entrusted with the right to recruit civil servants;

d) The Board member兼任秘书是负责招聘工作的公务员或单位工作人员。

3. Supporting the Recruitment Board is the Examination Committee and the Grading Committee.

Article 11. Duties and Powers of the Recruitment Board

The Recruitment Board operates on the principle of collective decision-making and majority voting, with the following duties and powers:

1. Publicly announce the recruitment plan; rules, regulations, standards, and conditions for application; necessary application documents for applicants; subjects and examination formats (if it is an examination), time, and location;

2. Organize the preparation of examination questions, establish the Examination Committee, and the Grading Committee;

3. Receive and review application documents; conduct preliminary screening (if applicable); publish the list of individuals meeting the conditions and standards for application;

4. Direct and organize the examination period (supervision and grading) according to the regulations, report the recruitment results to the competent authority managing civil servants for review and issuance of the recruitment decision;

5. Resolve complaints and reports from applicants.

Article 12. Scoring and Determining Successful Candidates in Examinations

1. Each subject is scored out of 100 points.

2. A successful candidate in the examination period is someone who has taken all subjects, achieved a score of 50 points or higher in each subject, and is selected from the highest total score down to the recruitment quota.

3. Applicants belonging to priority groups specified in Article 7 of this Decree shall have their priority points added to their total examination scores, specifically as follows: those in the priority group defined in Clause 1 of Article 7 receive 30 points, those in the group defined in Clause 2 of Article 7 receive 20 points, and those in the group defined in Clause 3 of Article 7 receive 10 points; if an applicant belongs to multiple priority groups, only the highest priority points will be added.

4. In cases where multiple candidates have the same total score at the last recruitment quota, the Examination Board shall decide on additional examination formats to select the candidate with the highest score as the successful candidate.

Article 13. Successful Candidates in the Appraisal Period

A successful candidate in the appraisal period is someone who meets the standards and conditions and is recommended for recruitment by the Recruitment Board, which has reviewed and agreed upon such recommendation by the competent authority with the power to make the recruitment decision.

Article 14. Time limit for recruitment decision and commencement of work

1. Within the latest period of thirty days from the date of announcement of the recruitment results, the successful candidate must come to the competent authority for recruitment to sign the employment contract.

2. Within the latest period of thirty days from the date of signing the employment contract, the recruited person must come to take up their duties.

3. In cases where the recruited person has legitimate reasons that prevent them from signing the employment contract or commencing work within the prescribed time limit, they must submit a request for extension and obtain the agreement of the unit employing the civil servant.

4. If beyond the said time limit, the recruited person does not come to sign the contract or commence work, the competent authority managing civil servants shall cancel the recruitment result or terminate the signed employment contract.

Section 3

EMPLOYMENT CONTRACTS

Article 15. Types of Employment Contracts

1. Recruitment of civil servants in public service units shall be carried out through employment contracts, including the following types of employment contracts:

a) Initial employment contract with a term equal to the probationary period corresponding to each type of civil servant as stipulated in Article 19 of this Decree. If the requirements are met during the probationary period, the competent authority managing civil servants shall sign a further employment contract according to the form specified in point b or point c of Clause 1 of this Article and issue a decision appointing to the civil servant rank.

b) Employment contract with a term from twelve months to thirty-six months;

c) Employment contract without a fixed term;

d) Special employment contract.

2. Application of employment contracts in public service units:

a) Initial employment contract applies to persons recruited into public service units;

b) Employment contract with a fixed term applies to persons who have met the requirements after the probationary period in self-financing public service units and public service units partially self-financing operational costs;

c) Employment contract without a fixed term applies to persons who have met the requirements after the probationary period in public service units fully funded by the state budget;

d) Special employment contract applies to persons recruited into certain special professions aged between fifteen and under eighteen years old.

3. Employment contracts shall be concluded in writing. The Ministry of Home Affairs shall specify the contents and forms of employment contracts.

Article 16. Obligations and Benefits of Parties to Employment Contracts

The obligations and benefits of parties to employment contracts shall be implemented in accordance with the provisions of the Civil Servant Law and specific commitments recorded in the employment contract.

Article 17. Continuation or Termination of Employment Contracts

1. When the term of the employment contract expires, the head of the competent authority for recruitment of civil servants shall base on the work needs, staffing quota, and financial resources of the unit to sign a further employment contract according to the form specified in point b or point c of Clause 1 of Article 15 of this Decree.

2. Persons not eligible for a further employment contract shall enjoy termination or retirement policies as provided by law.

Article 18. Special Employment Contracts

1. Obligations, rights, and benefits for persons entering into special employment contracts shall be implemented according to the guidelines of the Ministry of Home Affairs.

2. Persons entering into special employment contracts, if they have completed the probationary period as prescribed, must be at least eighteen years old to be appointed to the civil servant rank.

3. The Ministry of Home Affairs shall specify the contents and forms of special employment contracts.

Section 4

PROBATIONARY PERIOD AND APPOINTMENT TO CIVIL SERVANT RANK

Article 19. Probationary Period

1. Persons recruited to work in public service units must undergo the probationary period system, except for those who have worked in state agencies with the same specialty as the position they are recruited for in the public service unit.

2. The probationary period for persons recruited after signing their first employment contract shall be as follows:

a) For Class A civil servants: the probationary period is twelve months (except for doctors, which is nine months);

b) For Class B civil servants: the probationary period is six months;

c) For Class C civil servants: the probationary period is three months.

Article 20. Guidance During Probationary Period

Guidance during the probationary period shall be carried out as follows:

1. The unit employing the civil servant has the responsibility to guide the probationer to understand the functions, duties, internal regulations, and rules of the unit; to try performing the responsibilities and tasks of the position they will be appointed to;

2. The unit employing the civil servant has the responsibility to assign a civil servant of the same grade or a higher grade with the necessary capacity and experience in the field to guide the probationer. Each civil servant of the same grade may only guide one probationer at a time.

Article 21. Benefits and Policies for Probationers and Probation Guidance Personnel

1. During the probationary period, persons who have graduated and meet the required standard level shall receive eighty-five percent of the starting salary grade of the recruited position; if they hold a Master's degree that meets the recruitment requirements, they shall receive eighty-five percent of the second salary grade of the recruited position; if they hold a Doctorate degree that meets the recruitment requirements, they shall receive eighty-five percent of the third salary grade of the recruited position.

2. The following persons, during the probationary period, shall receive one hundred percent of the salary and allowances (if any) of the recruited position:

a) Persons recruited to work in highland, remote, border, and island areas;

b) Persons recruited to work in hazardous and dangerous industries;

c) Persons recruited who have completed their military service obligations; volunteers from the Youth Volunteer Corps, Young Intellectuals Voluntary Service Team serving rural and mountainous areas for two years or more and have fulfilled their tasks.

3. In addition to the above, probationers in public service units that partially self-fund their regular operational costs or fully self-fund their regular operational costs shall also enjoy other monetary benefits and welfare according to State regulations and the unit's policies.

4. Civil servants assigned to guide probationers shall receive a duty allowance equal to thirty percent of the minimum wage during the probation guidance period.

5. The probationary period shall not be counted towards the period for salary grade promotion review.

Article 22. Completion of Probationary Period and Appointment to Civil Servant Position

1. Upon completion of the probationary period, the probationer must submit a report on the results of the probationary period; the probation guidance personnel must provide an evaluation and assessment of the probationer's performance and report it to the head of the unit employing the civil servant.

2. The head of the unit employing the civil servant evaluates the moral character and work results of the probationer. If the probationer meets the requirements, the competent authority managing civil servants or the unit authorized to recruit civil servants shall sign a further employment contract and issue a decision appointing the probationer to the civil servant position.

Article 23. Principles of Appointment to Civil Servant Positions

The appointment to civil servant positions shall be decided by the competent authority or unit issuing the appointment decision based on the following principles:

1. Perform what is assigned to the corresponding civil servant position;

2. The person appointed must meet the specified criteria of the position.

Article 24. Termination of employment contracts for probationary employees

1. The employment contract with probationary employees shall be terminated in the following cases:

a) The probationary employee meets the requirements of the probation period;

b) The probationary employee is subject to disciplinary measures from a warning or higher.

2. The head of the agency having the authority to manage civil servants or the unit authorized to recruit civil servants shall issue a written decision to terminate the employment contract in the cases stipulated in Clause 1 of this Article.

3. A probationary employee whose employment contract is terminated shall be entitled to receive one month's salary and allowances (if applicable) currently enjoyed, and travel expenses back to their place of permanent residence from the state-run unit employing the civil servant.

Chapter III

USE OF CIVIL SERVANTS

Section 1

ASSIGNMENT AND TASK ALLOCATION,

RANK TRANSFER AND PROMOTION

Article 25. Assignment and Task Allocation

1. The head of the state-run unit shall be responsible for assigning and allocating tasks, assigning duties to civil servants, and ensuring all policies and necessary conditions for civil servants to perform their duties.

2. When assigning and allocating tasks to civil servants, it must ensure that the assigned tasks are compatible with the rank of the civil servant according to the principle: a civil servant at a certain rank should be assigned work suitable for that rank.

3. Civil servants are responsible to the head of the unit directly using the civil servant for the results and quality of their duty performance; civil servants holding leadership positions must also be responsible for the execution of duties by civil servants under their management as prescribed by law.

Article 26. Rank Transfer

1. If a civil servant is assigned new tasks that are not compatible with their current rank, they must transfer to a corresponding rank suitable for the assigned specialty or profession.

2. A civil servant transferred to a new rank must meet the professional standards of the new rank.

3. When transferring ranks for civil servants, the employing unit must establish a Qualification Examination Board to assess the qualifications and capabilities of the civil servant. If the civil servant meets the professional standards of the new rank, the employing unit shall issue a decision on appointment within its authority or propose the competent agency managing civil servants to appoint.

4. The Qualification Examination Board consists of five or seven members, including:

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

b) The Vice-Chairman of the Board is the person in charge of organizational and personnel affairs of the unit;

c) Members of the Board are leaders of specialized departments and some civil servants with capability and professional qualifications working at the same rank or higher rank (the Chairman of the Board assigns one of the Members to serve as Secretary of the Board).

5. The Qualification Examination Board has the following responsibilities:

a) Reviewing educational certificates, training certificates according to the requirements of the new rank, and evaluation documents of the work process;

b) Interviewing the civil servant being transferred about their understanding and awareness of politics and society;

c) Testing the civil servant being transferred about their professional knowledge and skills according to the job requirements of the new rank;

d) The Qualification Examination Board convenes to evaluate the results, and if the civil servant meets the requirements, it proposes the competent agency managing civil servants to appoint them to the new rank.

6. When considering a rank transfer, it shall not be combined with a salary increase or rank promotion.

Article 27. Promotion to higher ranks and salary grades

1. Civil servants who meet the criteria, conditions, and job positions suitable for their current rank and have higher ranks available within the same specialty field may be promoted to a higher rank.

2. The promotion of civil servants to a higher rank must be conducted through a rank promotion examination; for special professions, it can be carried out according to regulations through a review process for rank promotion.

3. Civil servants who achieve outstanding results in performing their duties shall be promoted to a higher rank and salary grade before the prescribed time limit.

The Minister of Home Affairs shall provide detailed guidance on the review process for rank promotion for special professions, and on early promotion to higher ranks and salary grades.

Article 28. Organization of Rank Promotion Examinations

Annually, based on the structure of civil servant ranks, the agency authorized to organize rank promotion examinations shall develop plans and examination quotas, submit them to the competent authority managing civil servants for coordination with the Ministry of Home Affairs regarding the examination plan and quota.

Article 29. Nomination of Civil Servants for Rank Promotion Examinations

1. The review process for nominating civil servants for rank promotion examinations must be based on the needs of the agency, the job position of the civil servant, and at the same time, based on their moral character, competence level, development potential, and completion results of assigned tasks.

2. Civil servants participating in rank promotion examinations must meet the vocational standards of the rank being applied for, possess the necessary diplomas and training certificates, reach the minimum salary coefficient stipulated for each rank being applied for, and satisfy other required conditions according to the rank being applied for, and be nominated by the head of the public institution to participate in the examination period.

Article 30. Examination Board for Rank Promotion

1. When organizing rank promotion examinations, the agency authorized to organize such examinations must establish an Examination Board for Rank Promotion consisting of five or seven members, including:

a) The Chairman of the Board is the head or deputy head of the agency authorized to organize rank promotion examinations;

b) The Vice-Chairman of the Board is the person responsible for personnel management work in the agency authorized to organize rank promotion examinations;

c) Members of the Board are representatives from leadership bodies, organizations, and units of the agency authorized to organize rank promotion examinations;

d) A member serving as Secretary of the Board is a civil servant responsible for recruitment and rank promotion work in the agency authorized to organize rank promotion examinations.

2. Supporting the Examination Board is the Examination Committee and the Grading Committee.

Article 31. Duties and Powers of the Examination Board for Rank Promotion

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

1. Approving and publicly announcing the examination organization plan; examination rules and regulations; eligibility criteria and conditions; necessary application documents; subjects and examination formats; examination time and location;

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

3. Receiving and reviewing application documents; announcing the list of eligible candidates;

4. Directing and organizing the examination period (supervision and grading) in accordance with regulations, reporting examination results to the competent authority for review and issuance of decisions recognizing examination results; announcing rank promotion results;

5. Resolving complaints from candidates for rank promotion examinations.

Article 32. Calculation of Scores and Determination of Successful Candidates in Rank Promotion Examinations

1. Each subject is scored out of 100 points.

2. A successful candidate in the examination period is someone who takes all subjects and achieves a score of 55 points or more in each subject.

Article 33. Certification of Rank and Appointment to Rank

1. Based on the examination results, the agency authorized to organize the rank promotion examination shall propose to the competent authority managing the civil servant rank to issue a rank certification for the civil servant.

2. Based on the rank certification, the head of the agency or unit decides or proposes the competent authority to decide on the appointment to rank and salary grading for the civil servant according to the examination rank as prescribed.

Section 2

TRAINING AND STAFF DEVELOPMENT

Article 34. Training and Staff Development of Civil Servants

1. The competent authority managing civil servants shall be responsible for building plans and organizing training and staff development to create sources and improve the qualifications and capabilities of civil servants.

2. The unit using civil servants must create conditions for civil servants to participate in training and staff development to enhance their capabilities according to the professional standards of the civil servant rank and the training and staff development plan.

Section 3

TRANSFERS, APPOINTMENTS OF CIVIL SERVANTS TO LEADERSHIP POSITIONS,

REMOVALS, RESIGNATIONS, REASSIGNMENTS, DETACHMENTS

Article 35. Transfer of Civil Servants

1. The transfer of civil servants must be based on the qualifications and capabilities of the civil servant and work requirements.

2. When transferring a civil servant to a position with different professional specialties, the employing and managing agency must propose the competent authority to decide on transferring the civil servant's rank to an equivalent appropriate rank.

3. When transferring a civil servant to another public service unit, the receiving public service unit must sign a new employment contract, assign and allocate tasks to the civil servant. If the position has a different specialty from the current held rank, then it must propose the competent authority to decide on transferring the civil servant's rank to an appropriate rank.

4. Cadres and civil servants belonging to the categories specified in points a, b, c, d, e, and g of Clause 1 of Article 1 of the Ordinance amending and supplementing certain provisions of the Ordinance dated April 29, 2003, when appointed to a civil servant rank at public service units, must base their appointment on the job position and the professional standards of the rank.

The procedures for appointing to rank shall be carried out as stipulated in the procedures for transferring rank under Article 26 of this Decree.

Article 36. Appointment of Civil Servants to Leadership Positions

1. The appointment of civil servants to leadership positions shall be implemented based on the needs of the public service unit, the standards and conditions of the leadership position, and carried out according to the authority and procedures prescribed for the appointment of cadres and civil servants to leadership positions.

2. The appointment of civil servants to leadership positions shall be carried out within a term, and upon expiration of the term, they must be considered for reappointment or non-reappointment.

3. A civil servant appointed to hold a leading position, deputy position of the head of a public service unit, shall have the head of the directly superior agency of that public service unit sign an employment contract. The term of the employment contract corresponds to the term of appointment to the leadership position.

4. A civil servant assigned to other work or appointed to a new position shall automatically cease holding the currently held position.

Article 37. Removal from Leadership Position

A civil servant holding a leadership position may be considered for removal and assignment to other work without waiting until the end of the appointment term in the following cases:

1. Due to work requirements;

2. Due to poor health;

3. Due to failure to complete tasks;

4. Due to violation of discipline but not reaching the level of dismissal.

Article 38. Civil servants requesting resignation from leadership positions

1. Civil servants in leadership positions who request resignation must submit a letter to the head of the entity employing them. The head of the employing entity must report to the competent authority managing civil servants for examination and decision.

2. Within one month from receiving the resignation letter, the public service unit must decide or propose the competent authority to make a decision.

3. If the resignation has not been approved, the civil servant holding a leadership position must continue to perform their assigned tasks and responsibilities.

4. After resigning, a civil servant in a leadership position shall be reassigned to other work.

Article 39. Rotation of civil servants

1. The rotation of civil servants shall only be implemented for public service units fully funded by the state budget for regular operating expenses, public service units with income self-financing part of their regular operating expenses, and applied in the following cases:

a) To strengthen and supplement the number and quality of cadres and civil servants in state agencies, political organizations, socio-political organizations, and public service units to ensure the completion of assigned tasks;

b) To rotate between central and local levels, among agencies, sectors, and fields according to planning.

2. Cadres and civil servants in management and leadership positions belonging to the categories specified in points a, b, c, d, e, and g of Clause 1 of Article 1 of the Ordinance amending and supplementing certain provisions of the Cadres and Civil Servants Ordinance dated April 29, 2003, when appointed to a civil servant rank at a public service unit after being decided to be rotated to hold a leadership position, must base their appointment on the job position and vocational standards of the rank. The procedures and formalities for appointing to the rank are carried out as stipulated in Article 26 of this Decree regarding transfer to a rank.

3. Civil servants rotated to work in highland, deep inland, remote, border, and island areas, in addition to applying preferential policies, also enjoy other incentive policies as prescribed by the State.

Article 40. Detachment of civil servants

1. Based on requirements and tasks, the competent authority managing civil servants may dispatch detached civil servants to work temporarily at another agency, organization, or unit. Each detachment period shall not exceed three years.

2. The dispatch of detached civil servants shall only be implemented for public service units fully funded by the state for regular operating expenses, public service units with income self-financing part of their regular operating expenses, and in the following cases:

a) Due to urgent and critical tasks that cannot be immediately addressed through the transfer of civil servants;

b) Due to tasks that need to be resolved within a specific time frame.

3. The public service unit receiving the detached civil servant must sign a new employment contract, assign, and delegate tasks to the detached civil servant. The contract term corresponds to the detachment period. The unit receiving the detached civil servant is responsible for paying the salary and ensuring other benefits of the detached civil servant.

4. Upon expiration of the detachment period, the civil servant returns to their original unit to work. The head of the unit dispatching the detached civil servant is responsible for receiving, signing a new employment contract, and assigning work to the civil servant upon completion of the detachment period.

5. Civil servants dispatched to highland, deep inland, remote, border, and island areas shall enjoy preferential treatment according to general State regulations.

Article 41. Termination of employment contracts at the request of civil servants

1. When a civil servant wishes to terminate their employment contract, they must submit a written request to the head of the unit using their services at least thirty days prior.

2. Within thirty days from receiving the request to terminate the employment contract, the head of the unit using the civil servant shall report to the competent authority managing civil servants to issue a decision terminating the employment contract and carry out necessary procedures such as transferring personnel files, issuing termination pay slips, and confirming social insurance for the civil servant.

Section 4

ASSESSMENT OF CIVIL SERVANTS

Article 42. Purpose of assessing civil servants

Assessing civil servants aims to clarify their capabilities, qualifications, work results, and moral character, serving as a basis for arranging, utilizing, appointing, promoting, training, and implementing policies towards civil servants.

Article 43. Basis and procedure for assessment

1. When assessing civil servants, it must be based on assigned tasks, completion results, and moral character of the civil servants.

2. The assessment of civil servants is organized annually and carried out at the end of the year or the end of the working period according to the following procedure: the civil servant self-assesses their work; the collective where the civil servant works participates in providing feedback and filling out classification forms; the head of the unit directly assesses the civil servant and considers the feedback and classification opinions of the collective to compile and classify the civil servant; notify the assessment opinions to each civil servant.

3. Civil servants have the right to present and retain their self-assessment opinions but must comply with the conclusions of the unit's leadership.

4. The assessment of dispatched civil servants is conducted by the unit using the dispatched civil servants. The assessment document of dispatched civil servants is sent back to the dispatching agency or unit to be kept in the individual file.

5. Assessment materials of civil servants are stored in the civil servant's file.

Article 44. Assessment of civil servants holding leadership positions

The assessment of civil servants holding leadership positions is implemented according to the分级管理。除本条例第四十三条规定的评估内容外，对担任领导职务的公务员的评估还必须依据所在单位的工作业绩和领导职务人员的责任。

Chapter IV

MANAGEMENT OF CIVIL SERVANTS

Article 45. Content of civil servant management

1. Issuing and organizing the implementation of legal normative documents, regulations, and rules concerning civil servants.

2. Developing planning and plans for building a team of civil servants.

3. Establishing standards for civil servant positions.

4. Guiding staffing quotas in state-run units at the central level; establishing staffing quotas for civil servants under the People's Committees.

5. Issuing recruitment regulations, promotion systems; probationary period systems.

6. Organizing the management, utilization, and hierarchical management of civil servants.

7. Training and developing civil servants.

8. Evaluating civil servants.

9. Directing and organizing the implementation of salary systems and incentive, reward, and disciplinary policies for civil servants.

10. Conducting statistics on civil servants.

11. Supervising and inspecting the enforcement of laws regarding civil servants.

12. Directing and organizing the resolution of complaints and reports against civil servants.

Article 46. Tasks and powers of the Ministry of Home Affairs

The Ministry of Home Affairs is the agency assisting the Government in national administration over civil servants, with the following tasks and powers:

1. Drafting laws and ordinances on civil servants for the Government to consider and submit to the National Assembly or the Standing Committee of the National Assembly;

2. Drafting and submitting to the Government for promulgation the salary system for civil servants; reviewing and submitting to the Government for promulgation various systems and policies for specialized civil servants managed by ministries responsible for specialized civil service ranks;

3. Drafting and submitting to the Government for promulgation the staffing quota for provincial People's Committees;

4. Submitting to the Prime Minister for promulgation the staffing quota in state-run units at the central level;

5. Issuing recruitment regulations, promotion regulations for civil servants; reviewing and issuing evaluation regulations for specialized civil servants managed by ministries responsible for specialized civil service ranks;

6. Issuing job titles and professional standards for specialized civil service ranks managed by ministries responsible for specialized civil service ranks;

7. Establishing regulations on the establishment of civil servant files, civil servant numbers, evaluation forms, and wearing identification cards;

8. Appointing, dismissing, and setting salaries for specialized civil service ranks equivalent to senior specialist ranks; coordinating with ministries responsible for specialized civil service ranks to organize examinations for promotion and issue certificates for specialized civil service ranks equivalent to senior specialist ranks; supervising examinations for promotion to specialized civil service ranks equivalent to chief specialist ranks organized by ministries;

9. Compiling the total number of civil servants in state-run units nationwide;

10. Inspecting and supervising the implementation of national regulations on civil servant management.

Article 47. Tasks and Authorities of Ministries, Ministerial-Level Agencies, and Government Agencies

Ministries, ministerial-level agencies, and government agencies (hereinafter referred to collectively as "Ministries") shall have the following tasks and authorities:

1. Managing the quantity, quality, appointment, and removal from office of positions equivalent to the position of Senior Specialist and below for civil servants;

2. Delegating recruitment and management of civil servants under their jurisdiction;

3. Deciding on staffing levels for subordinate public service units funded entirely by the State for their regular operational costs; approving staffing levels for subordinate public service units with revenue that self-fund part of their regular operational costs; guiding staffing norms for subordinate public service units with revenue that self-fund all of their regular operational costs;

4. Implementing the tasks and authorities of the Ministry assigned to manage civil servant positions according to the specialized field as stipulated in Article 49 of this Decree for civil servant positions managed by the Ministry;

5. Organizing examinations to promote positions for civil servant positions equivalent to the position of Senior Specialist and below as prescribed;

6. Organizing training and capacity building for cadres and civil servants in their specialized field based on the professional standards of civil servant positions and guidance provided by the Ministry assigned to manage civil servant positions according to the specialized field;

7. Statistics and reporting the number of civil servants nationwide in the specialized field directly managed by the Ministry;

8. Directing, inspecting, and supervising recruitment, utilization, training, and capacity building for civil servants under their jurisdiction;

9. Resolving complaints and denunciations concerning civil servants in accordance with the laws on complaints and denunciations;

10. Signing employment contracts with civil servants appointed as heads or deputy heads of subordinate public service units;

11. Revoking decisions made by subordinate public service units regarding recruitment, classification, promotion, appointment, salary grading, commendation, and disciplinary actions against civil servants that contravene legal provisions.

Article 48. Assignment of Agencies to Manage Civil Servant Positions in Specialized Fields

The following Ministries and ministerial-level agencies are assigned to manage civil servant positions in specialized fields:

1. The Ministry of Home Affairs manages civil servant positions in the specialized field of archives;

2. The Ministry of Education and Training manages civil servant positions in the specialized field of education and training;

3. The Ministry of Health manages civil servant positions in the specialized field of health;

4. The Ministry of Science and Technology manages civil servant positions in the specialized field of science and technology;

5. The Ministry of Natural Resources and Environment manages civil servant positions in the specialized field of natural resources and environment;

6. The Ministry of Culture, Sports and Tourism manages civil servant positions in the specialized field of culture and information;

7. The General Department of Physical Culture and Sports manages civil servant positions in the specialized field of physical culture and sports;

8. The Ministry of Agriculture and Rural Development manages civil servant positions in the specialized field of agriculture, forestry, and water resources;

9. The Ministry of Fisheries manages civil servant positions in the specialized field of fisheries;

10. The Ministry of Labor, Invalids and Social Affairs manages civil servant positions in the specialized field of labor, invalids, and social affairs;

11. The Ministry of Posts and Telecommunications manages civil servant positions in the specialized field of posts and telecommunications.

Article 49. Tasks and Authorities of Ministries Assigned to Manage Civil Servant Positions According to Specialized Fields

1. Directing, inspecting, and supervising the implementation of State regulations concerning civil servants in the specialized field assigned to manage.

2. Establishing professional standards for civil servant positions in the specialized field for unified issuance by the Ministry of Home Affairs; organizing training and capacity building for cadres and civil servants in the specialized field based on the professional standards of civil servant positions.

3. Establishing systems and policies for civil servants in the specialized field assigned to manage.

4. Specifying the content and form of examinations for recruitment and promotion of civil servants in the specialized field.

5. Organizing examinations for promotion and issuing certificates for civil servant positions in the specialized field equivalent to the position of Senior Specialist assigned to manage; coordinating with the Ministry of Home Affairs to organize examinations for promotion of civil servant positions in the specialized field equivalent to the position of Senior High Specialist.

6. Establishing evaluation regulations for civil servants in the specialized field assigned to manage for unified issuance by the Ministry of Home Affairs.

Article 50. Tasks and Authorities of Provincial People's Committees

The provincial people's committees (hereinafter referred to as provincial-level people's committees) shall have the following tasks and authorities:

1. Managing the quantity and quality of the cadre staff under the provincial-level people's committees. Appointing and dismissing positions for staff from the equivalent level of chief specialist position downwards;

2. Deciding on staffing levels for public service units at the provincial level funded entirely by the State for their regular operating expenses; approving staffing levels for public service units with income under the provincial-level people's committees that self-fund part of their regular operating expenses; guiding staffing standards for public service units with income at the provincial level that self-fund all of their regular operating expenses;

3. Delegating recruitment and management of staff to public service units under the provincial-level people's committees;

4. Implementing salary systems and other incentive policies for staff;

5. Guiding public service units in recruiting, using, training, and upgrading staff; organizing training and upgrading for staff in specialized fields based on the professional standards of staff positions and guidance from the Ministry responsible for managing staff positions in specialized fields;

6. Organizing examinations to promote staff positions for staff from the equivalent level of specialist position downwards;

7. Organizing statistics and implementing reporting systems regarding staff;

8. Inspecting and supervising recruitment examinations, selection processes, promotion of staff positions, and the implementation of State regulations on staff in public service units under the provincial-level people's committees;

9. Signing employment contracts with staff who are appointed to head positions or deputy positions of heads of subordinate public service units;

10. Resolving complaints and denunciations concerning staff according to the laws on complaints and denunciations;

11. Revoking decisions made by public service units regarding recruitment, classification, promotion, appointment, salary grading, rewarding, and disciplining staff that contravene legal provisions.

Article 51. Tasks and Authorities of Public Service Units

Public service units shall have the following tasks and authorities:

1. Organizing the implementation of legal provisions on staff;

2. Implementing recruitment and termination of employment for staff according to delegated authority;

3. Arranging, utilizing, appointing, transferring, grading salaries, promoting salary grades, and evaluating staff according to regulations;

4. Implementing State policies and systems for staff;

5. Rewarding and disciplining staff within their authority and recommending higher authorities to reward or discipline staff according to regulations;

6. Implementing the establishment and retention of individual files for staff according to legal provisions;

7. Statistics and reporting on the staff under their management to the superior staff management agency according to regulations;

8. Resolving complaints and denunciations concerning staff under their jurisdiction;

9. Establishing and managing staff files.

Article 52. Tasks and Authorities of Direct Superior Units of Public Service Units

Direct superior units of public service units shall have the following tasks and authorities:

1. Signing employment contracts with staff who are appointed to head positions or deputy positions of heads of subordinate public service units;

2. Guiding and inspecting recruitment, appointment, salary grading, rewarding, disciplining, termination of employment, and retirement for staff in subordinate public service units; implementing evaluations of heads or deputies of heads of subordinate public service units;

3. Deciding to revoke or requiring the heads of subordinate public service units to revoke decisions made by those units regarding recruitment, classification, promotion, appointment, salary grading, rewarding, and disciplining staff that contravene legal provisions.

Chapter V

IMPLEMENTING PROVISIONS

Article 53. Effective Date

1. This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 95/1998/NĐ-CP dated November 17, 1998 on Recruitment, Utilization, and Management of Civil Servants and Government Decree No. 56/2000/NĐ-CP dated October 12, 2000 amending Clause 2 of Article 6 of Government Decree No. 95/1998/NĐ-CP dated November 17, 1998 on Recruitment, Utilization, and Management of Civil Servants.

Article 54. Responsibility to guide implementation

Clause 1. The Minister of Home Affairs shall be responsible for guiding the implementation of this Decree.

Clause 2. The competent authority of political organizations shall base on the provisions of this Decree to guide its application at units under political organizations and political-social organizations.

Article 55. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for implementing this Decree./.