Decree No. 117/2003/ND-CP On Recruitment, Employment, and Management of Civil Servants in State Agencies

DECREE

Regarding the recruitment, employment, and management of officials,

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

__________________

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 request 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 civil servants in state agencies, armed forces, political organizations, and socio-political organizations (hereinafter referred to collectively as civil servants).

Article 2. Scope of Application

The civil servants mentioned in this Decree are Vietnamese citizens within the establishment and receiving salary from the state budget as specified in points b, c, and e of Clause 1, Article 1 of the Civil Servant Ordinance, working in state agencies, armed forces, political organizations, and socio-political organizations as follows:

1. Office of the National Assembly;

2. Office of the President;

3. Central, provincial, and district-level administrative state agencies;

4. People's Courts and People's Procuratorates at all levels;

5. Representative offices of the Socialist Republic of Vietnam abroad;

6. Units under the People's Army and People's Public Security;

7. Administrative machinery under political organizations and socio-political organizations at central, provincial, and district levels.

Article 3. Explanation of Terms

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

1. "Civil service grade" refers to the title of civil servant classified by profession, indicating the level of expertise and vocational skills;

2. "Rank" refers to the concept of the scale of value within each civil service grade, with each rank having a corresponding salary coefficient;

3. "Grade promotion" means advancing from a lower grade to a higher grade within the same field of expertise and vocational skills;

4. "Grade transfer" means transferring from one grade to another with the same level of expertise and vocational skills (equivalent grades);

5. "Recruitment" refers to the process of hiring individuals into the establishment of state agencies through examination or selection;

6. "Appointment to grade" refers to the decision to appoint individuals meeting the criteria to a specific civil service grade;

7. "Agency employing civil servants" refers to the agency or organization authorized to manage civil servants administratively and professionally;

8. "Agency authorized to manage civil servants" refers to the agency entrusted with the authority to recruit and manage civil servants;

9. "Agency authorized to manage civil service grades" refers to the agency entrusted with the authority to manage specialized civil service grades;

10. "Probationary period" refers to the period during which the recruited individual works in training according to the responsibilities and tasks of the grade they will be appointed to;

Article 4. Classification of civil servants

Civil servants mentioned in this Decree are classified as follows:

1. Classification based on educational qualifications:

a) Class A civil servants are those appointed to grades requiring university and postgraduate education qualifications;

b) Class B civil servants are those appointed to grades requiring vocational education qualifications;

c) Class C civil servants are those appointed to grades requiring qualifications below vocational education.

2. Classification based on civil service grades:

a) Senior Specialist Grade civil servants and equivalent;

b) Principal Specialist Grade civil servants and equivalent;

c) Specialist Grade civil servants and equivalent;

d) Clerk Grade civil servants and equivalent;

đ) Staff Grade civil servants and equivalent.

3. Classification based on job positions:

a) Leadership and command civil servants;

b) Professional and vocational civil servants.

The classification of civil servants must be based on the classification of civil servants prescribed in this Article.

Chapter II

RECRUITMENT OF CIVIL SERVANTS

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

1. Individuals registering to apply for civil servant positions must meet the following conditions:

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

b) The age of the applicant must be between 18 and 40 years old. In cases where the applicant is an officer, professional military personnel, or staff member in public institutions and state-owned enterprises, the age limit may be higher but not exceeding 45 years old;

c) Have an application form; have a clear record; possess educational certificates and training certificates that match the requirements of the applied grade;

d) Be in good health to undertake the assigned duties and public service;

đ) Not be in a period of being pursued for criminal responsibility, serving a prison sentence, undergoing community-based correction, under house arrest, or subject to social education measures in the commune, ward, or town, or placed in a medical facility or educational institution.

2. Applicants for civil servant positions as specified in point b and point c of Clause 1, Article 1 of the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance dated April 29, 2003, must undergo the civil servant probationary program.

3. In addition to the provisions of Clause 1 of this Article, based on the nature and characteristics of the professional and vocational requirements of the recruitment grade, the agency authorized to recruit may add additional conditions for applicants.

Article 6. Recruitment of civil servants

1. The recruitment of civil servants must be conducted through competitive examinations.

2. Individuals who voluntarily work for five years or more in highland, remote, mountainous, border, or island areas, or to meet the requirements for building cadres and civil servants in ethnic minority regions, may be recruited through selection examinations.

Article 7. Priority in competitive examinations

The following cases shall be given priority in competitive examinations:

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

2. Children of martyrs, children of war invalids, children of veterans, individuals with a doctoral degree in the relevant field of study, and those meeting the recruitment needs shall be granted an additional 20 points to their total examination results;

3. Individuals with a master's degree in the relevant field of study and meeting the recruitment needs; individuals graduating with excellent grades from specialized training levels and meeting the recruitment needs; individuals who have completed their military service obligations, volunteers of the Youth Shock Corps, and young intellectuals serving rural and mountainous areas for two years or more and completing their tasks shall be granted an additional 10 points to their total examination results.

Article 8. Priority in selection examinations

Individuals who commit to working for five years or more in highland, remote, mountainous, border, or island areas shall be selected through examinations according to the following priorities:

1. Ethnic minorities and residents at the place of voluntary work;

2. Heroes of the Armed Forces, Heroes of Labor;

3. War invalids;

4. Children of martyrs;

5. Children of war invalids and veterans;

6. Individuals with a doctoral degree in the relevant field of study and meeting the recruitment needs;

7. Individuals with a master's degree in the relevant field of study and meeting the recruitment needs; individuals graduating with excellent grades from specialized training levels and meeting the recruitment needs; individuals who have completed their military service obligations, volunteers of the Youth Shock Corps, and young intellectuals serving rural and mountainous areas for two years or more and completing their tasks.

Article 9. Basis for Recruitment

The recruitment of civil servants must be based on job requirements, job positions, and staffing quotas assigned.

Article 10. Announcement of Recruitment

At least thirty days before the recruitment date, the competent authority managing civil servants must publicly announce the standards, conditions, and number of positions needed through mass media so that everyone can know and apply for the recruitment.

Article 11. Recruitment Board

1. The recruitment of civil servants is carried out by the Examination Board when conducting competitive examinations and the Selection Board when conducting selection examinations (hereinafter referred to collectively as the Recruitment Board). In cases where the number of applicants exceeds the recruitment quota significantly, the Recruitment Board may organize preliminary examinations.

2. The Recruitment Board is established by the head of the competent authority managing civil servants, consisting of five or seven members.

3. The Recruitment Board includes:

a) The Chairman of the Board is the head or deputy head of the competent authority managing civil servants;

b) The Vice-Chairman of the Board is the head of the organizational cadre department of the competent authority managing civil servants;

c) Members of the Board are representatives of leadership bodies, organizations, and specialized units of the competent authority managing civil servants;

d) A member兼任书记员的委员是负责招聘工作的公务员。

4. Supporting the Recruitment Board are the Examination Supervision Team and the Grading Team.

Article 12. Duties and Authorities of the Recruitment Council

The Recruitment Council operates on the principle of collective work and majority voting, with the following duties and authorities:

1. Announce publicly the recruitment plan; rules, regulations; eligibility criteria and conditions for participation; subjects, formats, times, and locations of examinations;

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

3. Receive and review application files; organize preliminary screening (if applicable); announce the list of individuals meeting the eligibility criteria and standards for participation;

4. Organize the examination or selection process in accordance with the regulations; report the recruitment results to the competent authority for review and issuance of a decision recognizing the results; announce the recruitment results;

5. Resolve complaints and denunciations from applicants.

Article 13. Calculation of Scores in the Recruitment Examination

1. Each examination section is graded on a scale of 100 points.

2. A successful candidate in the recruitment examination must have taken all required subjects, achieved at least 50 points in each section, and be ranked highest among those who meet the recruitment quota based on total scores.

3. Candidates eligible for preferential recruitment as stipulated in Article 7 of this Decree shall have their total examination scores increased by the highest preferential point if they qualify under multiple preferential categories.

4. In cases where multiple candidates have identical total scores at the final recruitment quota, the Examination Council will decide to conduct additional examinations to select the candidate with the highest score as the successful candidate.

Article 14. Principles for Determining Successful Candidates in the Selection Process

A successful candidate in the selection process is one who meets the eligibility criteria and conditions for participation, and whose file is reviewed and approved by the Selection Council based on the provisions of Articles 5 and 8 of this Decree, leading to a recommendation for the competent authority to issue a recruitment decision.

Article 15. Time Limit for Issuing Recruitment Decisions and Commencing Employment

1. Within the latest period of 30 days from the date of announcing the recruitment results, the competent authority managing civil servants shall issue the recruitment decision.

2. Within the latest period of 30 days from the date of receiving the recruitment decision, the recruited individual must report to the agency to commence employment, except in cases where the recruitment decision specifies a different time limit.

3. If a recruited individual has a valid reason for not commencing employment within the specified time frame, they must submit a request for extension which must be agreed upon by the employing agency. The extension period shall not exceed 30 days.

4. If a recruited individual fails to report for employment beyond the specified time frame without a valid reason, the competent authority managing civil servants shall issue a decision to revoke the recruitment decision.

Article 16. Probationary Period

1. Individuals recruited as civil servants under this Decree must undergo a probationary period.

2. The probationary period for civil servant positions is as follows:

a) 12 months for the Specialist rank and equivalent;

b) 6 months for the Staff rank and equivalent;

c) 3 months for the Clerk rank and equivalent.

3. The probationary period for probationary civil servants is included in the duration of the probationary civil servant system.

4. Individuals currently working in state-owned enterprises or those specified in points a, d, đ, g, and h of Clause 1, Article 1 of the Civil Servant Ordinance, when transferred or recruited to work in agencies specified in Article 2 of this Decree, shall follow the probationary system as guided by the Ministry of Home Affairs.

Article 17. Guidance for probationary period

The agency using civil servants shall be responsible for:

1. Guiding the probationer to thoroughly understand the functions, duties, internal regulations, and rules of the agency; relationships between organizations within the agency, with related agencies, and performing various responsibilities and tasks of the rank to be appointed;

2. Assigning a civil servant of the same rank or higher, who has the capacity and experience in the relevant field, to guide the probationer. Each civil servant may only guide one probationer at a time.

Article 18. Benefits and policies for probationers and guidance officers

Probationers and guidance officers shall enjoy the following benefits and policies:

1. During the probationary period, the probationer shall receive 85% of the starting grade salary of the first level of the recruited rank; in cases where the probationer holds a master's degree that meets the recruitment requirements, they shall receive 85% of the second-level salary of the recruited rank; if the probationer holds a doctoral degree that meets the recruitment requirements, they shall receive 85% of the third-level salary of the recruited rank.

2. In the probationary period, the following individuals shall receive 100% of the salary and allowances (if any) of the recruited rank:

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

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

c) Individuals recruited who have completed their military service, voluntary youth workers, or intellectual volunteers serving rural and mountainous areas for two years or more and have fulfilled their tasks.

3. Civil servants assigned to guide probationers shall receive a duty allowance equal to 30% of the minimum wage during the probationary guidance period.

4. The probationary period shall not be counted towards the years of service for salary increment.

Article 19. Appointment to the civil servant rank

1. The appointment to the civil servant rank shall be decided by the competent authority according to the following principles:

a) Engaging in which job, then appoint to that civil servant rank;

b) The person appointed must meet the criteria specified for the rank.

2. Appointment to the rank for those implementing the probationary system:

a) Upon completion of the probationary period, the probationer must submit a report on the results of the probation; the guidance officer must provide an evaluation and assessment of the probationer's results to the agency using the civil servant;

b) The head of the agency using the civil servant evaluates the moral character and work results of the probationer; if the probationer meets the requirements of the probationary rank, the head shall propose the competent authority managing civil servants to issue a decision to appoint to the civil servant rank.

Article 20. Revocation of recruitment decision

1. Revocation of recruitment decision in the following cases:

a) The probationer fails to complete the assigned tasks;

b) The probationer is disciplined with a warning or higher.

2. The head of the agency using the civil servant proposes the competent authority managing civil servants to issue a written decision revoking the recruitment decision for the cases stipulated in Clause 1 of this Article.

3. A probationer whose recruitment decision is revoked shall be provided with one month's salary and allowances (if any) currently enjoyed and travel expenses back to their place of permanent residence by the agency using the civil servant.

Chapter III

USE OF CIVIL SERVANTS

Section 1

ASSIGNMENT, TASK ALLOCATION, RANK TRANSFER, AND PROMOTION

Article 21. Arrangement and Assignment of Work

1. The head of the agency using civil servants shall be responsible for arranging, assigning work, and delegating tasks to civil servants, ensuring necessary conditions for civil servants to perform their duties and implementing policies and regulations for civil servants.

2. When arranging and assigning work to civil servants, it must ensure compatibility between the assigned tasks and the rank of the appointed civil servant; civil servants at a certain rank shall be assigned work suitable to that rank.

3. Civil servants are responsible under the law for performing their duties and public service functions; leaders also bear responsibility for the performance of duties and public service functions of civil servants under their management as stipulated by law.

Article 22. Transfer of Rank

1. If a civil servant is assigned new tasks not compatible with their current rank, they must be transferred to a rank suitable for the position and specialty required.

2. A civil servant being transferred to a new rank must meet the professional standards of the new rank and fit the structure of ranks within the agency.

3. When transferring a civil servant to a new rank, the agency using the civil servant must establish a Review Board to assess the qualifications and capabilities of the civil servant. If the civil servant meets the professional criteria of the new rank, the agency using the civil servant will issue a decision on appointment within its authority or propose to the competent authority managing civil servants to appoint.

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

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

b) The Vice-Chairman of the Board is the head of the organizational cadre department of the agency;

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

5. The Review Board has the following responsibilities:

a) Examining educational certificates, training certificates according to the requirements of the new rank, and evaluation documents from the previous agency;

b) Interviewing civil servants being transferred about political, social, and professional issues;

c) Testing civil servants being transferred to draft management documents according to the requirements of the new rank;

d) The Review Board convenes to evaluate the results; if the civil servant meets the requirements, the Board recommends the competent authority managing civil servants to appoint to the new rank.

6. When considering a transfer of rank, it shall not be combined with promotion to a higher rank or salary grade.

Article 23. Promotion of Rank and Salary Grade

1. Civil servants who meet the criteria, have appropriate positions, and have higher ranks available in the same specialty may be promoted to a higher rank. Promotion of rank for civil servants must be through a promotion examination as prescribed. Civil servants who achieve outstanding results in performing their duties and public service functions may be considered for promotion to a higher rank.

2. Civil servants who meet the criteria, have reached the required period, and still have salary grades available in their rank may be considered for promotion to a higher salary grade. Civil servants who achieve outstanding results in performing their duties and public service functions may be considered for early promotion to a higher salary grade as prescribed by the Government.

3. During the performance of duties and public service functions, if a civil servant achieves high work efficiency and shows potential for development, the Minister, Head of an agency equivalent to a Ministry, or the People's Committee Chairperson of provinces and centrally-administered cities may issue a decision on early promotion to a higher rank or salary grade according to the分级后的翻译结果已经呈现出来，符合所有给定的要求。如果有进一步指示或需要调整，请告知。

The Minister of Home Affairs shall guide the early promotion of rank and salary grade as prescribed in this Article.

Article 24. Nomination for civil servants to take competitive examinations for promotion

1. The preliminary examination board of the agency shall examine and nominate civil servants to take competitive examinations for promotion based on the agency's cadre rank requirements, the civil servant's position, moral character, competence, development potential, and performance results. The composition of the preliminary examination board shall be the same as that of the board for cadre rank transfer examination as stipulated in Clause 4, Article 22 of this Decree.

2. Civil servants participating in the competitive examination for promotion must meet the professional standards of the target rank, possess the necessary certificates and training credentials, achieve the minimum salary coefficient prescribed for each target rank, and satisfy other required conditions according to regulations. They must also be nominated by the competent authority managing civil servants to participate in the examination period.

Article 25. Organization of competitive examinations for promotion

Annually, the competent authority managing civil servants shall base on the cadre rank structure to develop plans and examination quotas for promotion and submit them to the Ministry of Home Affairs for unified planning and examination quotas.

Article 26. Examination Board for Promotion

1. When organizing competitive examinations for promotion, the competent authority organizing the examination must establish an Examination Board for Promotion consisting of five or seven members, including:

a) The Chairman of the Board is the head or deputy head of the competent authority organizing the competitive examination for promotion;

b) The Vice-Chairman of the Board is the person in charge of personnel management at the agency authorized to organize the competitive examination for promotion;

c) The Board members are representatives from specialized units of the agency authorized to organize the competitive examination for promotion;

d) A member serving as Secretary of the Board is the person in charge of recruitment and promotion at the agency authorized to organize the competitive examination for promotion.

2. Supporting the Promotion Examination Board are the Examination Committee and the Grading Committee.

Article 27. Duties and Powers of the Examination Board for Promotion

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

1. Announcing the examination plan; examination rules and regulations; eligibility criteria; candidate application files; subjects, examination formats, time, and location;

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

3. Receiving and reviewing application files; announcing the list of candidates meeting the eligibility criteria;

4. Directing and organizing the examination in accordance with regulations; reporting examination results to the competent authority for review and issuance of decisions recognizing examination outcomes;

5. Resolving complaints and reports from candidates.

Article 28. Calculation of Scores and Determination of Successful Candidates

1. Each examination section is graded on a scale of 100 points.

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

Article 29. Issuance of Rank Certificates and Appointment to Cadre Ranks

1. Based on the examination results, within thirty days from the date of examination results, the competent authority managing cadre ranks shall issue rank certificates to civil servants who have achieved the examination results.

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

Section 2

TRAINING AND DEVELOPMENT

Article 30. Training and Capacity Building for Civil Servants

1. The competent authority managing civil servants shall be responsible for developing plans, organizing training and capacity building to create a pool of talent and improve the qualifications and capabilities of civil servants.

2. The agency employing civil servants must create conditions for civil servants to participate in training and capacity building to enhance their capabilities according to the professional standards of their civil servant grade and the training plan.

Section 3

ASSIGNMENT, APPOINTMENT TO LEADERSHIP POSITIONS, RESIGNATION, REMOVAL, REASSIGNMENT, DETACHMENT

RESIGNATION, REMOVAL FROM OFFICE, REASSIGNMENT, DETACHMENT

Article 31. Assignment

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

2. When assigning civil servants to positions with different professional fields, the employing and managing agencies must request the competent authority to decide on transferring the civil servant's grade to an equivalent grade suitable for the new position.

3. Cadres and civil servants belonging to the categories specified in points a, d, đ, g of Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Cadre and Civil Servant Ordinance dated April 29, 2003, if assigned to work at state agencies, political organizations, socio-political organizations, or armed forces, when appointed to a civil servant grade, must be based on the job position and professional standards of the civil servant grade. The procedures for appointing to the grade are carried out as stipulated in Article 22 of this Decree.

Article 32. Appointment to Leadership Positions

1. The appointment of civil servants to leadership positions shall be based on the requirements and tasks of the agency, the standards and conditions of the leadership position, in accordance with the authority and procedures prescribed for the appointment of cadre and civil servant leaders.

2. Civil servants holding leadership positions are appointed for a term, upon expiration of the term, they must be considered for reappointment or not reappointed.

3. Civil servants who are reassigned to other jobs or appointed to new positions shall automatically cease to hold the current position.

Article 33. Removal from Leadership Positions

Civil servants holding leadership positions may be considered for removal and reassigned to other jobs without waiting until the end of the appointment term in the following cases:

1. Due to work needs;

2. Due to poor health;

3. Due to failure to complete tasks;

4. Due to disciplinary violations but not reaching the level of dismissal.

Article 34. Resignation

Article 34. Resignation

1. Civil servants holding leadership positions who wish to resign must submit a letter to the head of the employing agency. The head of the employing agency must report to the competent authority managing civil servants for consideration and decision.

2. Within one month from receiving the resignation letter, the competent authority managing civil servants must consider and decide or report to the higher authority for decision.

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

4. After resignation, civil servants holding leadership positions will be reassigned to other jobs.

Article 35. Reassignment

1. Reassignment of civil servants shall be carried out in the following cases:

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

b) To implement the rotation of cadres and civil servants between central and local levels, among agencies, sectors, and fields according to planning.

2. Cadres and civil servants holding leadership and management positions belonging to the categories specified in points a, d, đ, g of Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Cadre and Civil Servant Ordinance dated April 29, 2003, if decided by the competent authority to be reassigned to hold leadership positions at state agencies, political organizations, socio-political organizations, or armed forces, when appointed to a civil servant grade, must be based on the job position and professional standards of the civil servant grade. The procedures for appointing to the grade are carried out as stipulated in Article 22 of this Decree.

Article 36. Temporary Assignment

1. Based on the requirements of tasks and duties, the competent authority managing civil servants may assign civil servants for temporary assignment to work at another agency, organization, or unit for a limited period. The duration of each temporary assignment shall not exceed three years.

2. Civil servants may be assigned for temporary assignment in the following cases:

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

b) Due to tasks that only require resolution within a specific timeframe.

3. Civil servants assigned for temporary assignment shall be subject to work assignments from the agency, organization, or unit where they are assigned. The agency assigning the temporary assignment shall be responsible for paying salaries and ensuring other benefits for the temporarily assigned civil servants.

4. Civil servants assigned for temporary assignment to highland, remote, border, island areas shall enjoy preferential policies as stipulated by the State.

Section 4

ASSESSMENT OF CIVIL SERVANTS

Article 37. Purpose

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

Article 38. Basis and Procedure for Assessing Civil Servants

1. When assessing civil servants, the agency using the civil servant must base it on the assigned tasks, completion of those tasks, and the moral qualities of the civil servant.

2. The assessment of civil servants is organized annually and conducted at the end of the year according to the following procedure: the civil servant self-assesses their work; the collective where the civil servant works participates in providing opinions and recording classification scores; after considering the collective's opinions and classifications, the head of the agency assesses and decides on the classification of the civil servant; the assessment opinion is communicated 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 competent authority.

4. The assessment of temporarily assigned civil servants is carried out by the agency using the civil servant. The assessment document of the temporarily assigned civil servant is sent back to the agency assigning the temporary assignment to be kept in the civil servant's file.

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

Article 39. Assessment of Leading Civil Servants

The assessment of leading civil servants holding leadership positions is implemented according to the分级管理。除本决定第38条规定的依据外，评估领导职位的公务员还必须根据所在机关、单位的工作成效和领导职位公务员的责任。

Chapter IV

MANAGEMENT OF CIVIL SERVANTS

Article 40. Content of Civil Servant Management

1. Issuing and organizing the implementation of legal normative documents, charters, regulations, and hierarchical management of civil servants.

2. Developing planning, construction, and training programs for the civil servant workforce.

3. Defining job titles and standards for civil servants.

4. Deciding on the staffing of civil servants in central administrative agencies; setting administrative staffing quotas under the People's Committees.

5. Organizing the management, utilization, training, and development of civil servants.

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

7. Assessing civil servants.

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

9. Implementing reporting and statistical systems for civil servants.

10. Inspecting and supervising the enforcement of laws concerning civil servants.

11. Directing and organizing the handling of complaints and reports regarding civil servants.

翻译第1到13行。

翻译第14到26行。

1. Drafting laws and ordinances on civil servants to be submitted to the National Assembly and the Standing Committee of the National Assembly by the Government;

2. Drafting for submission to the Government: approval of planning and construction plans for the civil servant workforce; proposals for division of responsibilities and decentralization in managing civil servants and total administrative staffing of state agencies; training and development plans for the civil servant workforce; salary systems and other incentive policies for civil servants; reserve civil servant systems, probationary periods, and regulations on managing civil servants;

3. Drafting for submission to the Government proposals on the utilization, evaluation, transfer, appointment, reappointment, rotation, commendation, and disciplinary measures for civil servants and the structure of civil service grades within state administrative agencies;

4. Drafting for submission to the Government regulations on the staffing levels of administrative bodies under provincial People's Committees and municipal People's Committees directly under the Central Government;

5. Deciding on the allocation of administrative staffing quotas to Ministries, ministerial-level agencies, and agencies under the Government according to the delegation of the Prime Minister;

6. Issuing regulations on job titles, professional standards for civil service grades; issuing Recruitment Regulations and Promotion Regulations for civil servants;

7. Managing the quantity, quality, grade appointments, salary grading, and salary increments for senior civil service grades; organizing examinations for promotion to Senior Specialist and Principal Specialist grades for civil servants; supervising recruitment and grade promotion examinations organized by Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and municipal People's Committees directly under the Central Government; issuing certificates for Senior Specialist grade and equivalent civil service specialist grades;

8. Establishing rules for file creation and management; civil servant identification numbers; civil servant cards; badge wearing regulations and systems for civil servants;

9. Organizing nationwide statistics on the civil servant workforce;

10. Inspecting and supervising the implementation of state regulations on civil servants in central and local state administrative agencies;

11. Handling complaints and reports against civil servants according to the分级任务：

Article 42. Duties and Authorities of Ministries, Equivalent Ministries, and Government Agencies

Ministries, equivalent ministries, and government agencies (hereinafter referred to as Ministries) have the following duties and authorities:

1. Managing the quantity, quality, recruitment, utilization, appointment, transfer, rotation, evaluation, grading, and salary increment for civil servants from the specialist officer rank and equivalent ranks downwards;

2. Organizing the recruitment and training of civil servants directly managed by the Ministry;

3. Organizing the recruitment, management, and utilization of reserve civil servants in accordance with the provisions of the law;

4. Allocating establishment quotas for administrative state agencies directly managed by the Ministry;

5. Implementing the duties and authorities of the Ministry managing specialized civil servant ranks as stipulated in Article 44 of this Decree for specialized civil servant ranks managed by the Ministry;

6. Organizing examinations for promotion to ranks equivalent to the specialist officer rank and below in accordance with the regulations;

7. Implementing the wage system and other incentive policies for civil servants under the Ministry;

8. Carrying out commendation and disciplinary work for civil servants or proposing competent authorities to commend and discipline civil servants in accordance with the regulations;

9. Organizing statistics and statistical reports on civil servants in accordance with the relevant provisions;

10. Guiding, inspecting, and supervising the implementation of state regulations concerning civil servants within the scope of the Ministry's management;

11. Handling complaints and denunciations regarding civil servants according to the分级授权体系，按照法律规定处理。

Article 43. Allocation of Agencies to Manage Specialized Civil Service Ranks

The following Ministries and agencies at the level of ministries are allocated to manage specialized civil service ranks:

1. The Ministry of Home Affairs manages specialized civil service ranks in administrative affairs and confidential work.

2. The Ministry of Finance manages specialized civil service ranks in accounting, taxation, auditing, customs, and reserves.

3. The State Bank of Vietnam manages the specialized civil service rank in banking.

4. The National Inspectorate manages the specialized civil service rank in inspection.

5. The Ministry of Justice manages the specialized civil service rank in judicial affairs.

6. The Ministry of Agriculture and Rural Development manages specialized civil service ranks in agriculture, forestry, and water resources.

7. The Ministry of Posts and Telecommunications manages the specialized civil service rank in postal and telecommunications affairs.

Article 44. Duties and Authorities of Ministries Managing Specialized Civil Service Ranks

Ministries and agencies at the level of ministries managing specialized civil service ranks have the following duties and authorities:

1. Establishing professional standards for specialized civil service ranks for the Ministry of Home Affairs to unify and issue.

2. Specifying the content of recruitment examinations and promotion examinations for specialized civil service ranks.

3. Establishing systems and policies for specialized civil servants for the Ministry of Home Affairs to submit to the Government.

4. Specifying the content, programs, methods, and organization of training and upgrading specialized civil servants.

5. Organizing promotion examinations and issuing certificates for specialized civil service ranks equivalent to the senior specialist rank under their management.

6. Cooperating with the Ministry of Home Affairs to organize promotion examinations for specialized civil service ranks equivalent to the senior specialist rank under their management.

Article 45. Duties and Authorities of Provincial People's Committees

Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) have the following duties and authorities:

1. Managing the quantity, quality, recruitment, utilization, appointment, transfer, rotation, evaluation, grading, and salary increment for civil servants from the specialist officer rank and equivalent ranks downwards;

2. Deciding on staffing quotas for administrative agencies under provincial-level People's Committees.

3. Organizing the recruitment, training, and upgrading of civil servants as prescribed.

4. Organizing recruitment examinations, using, and managing reserve civil servants as prescribed.

5. Organizing examinations for promotion to the rank of cadet, specialist, and other equivalent ranks as prescribed.

6. Implementing salary systems and other incentive policies for civil servants under provincial-level People's Committees.

7. Implementing commendation and disciplinary actions for civil servants within their authority or proposing higher authorities to commend or discipline according to regulations.

8. Conducting statistics and reporting statistical data on civil servants according to regulations.

9. Inspecting and supervising the implementation of state regulations concerning civil servants in administrative agencies under provincial-level People's Committees.

10. Resolving complaints and denunciations against civil servants according to laws on complaints and denunciations.

Article 46. Duties and Authorities of Agencies Using Civil Servants

Agencies using civil servants have the following duties and authorities:

1. Implementing state systems and policies for civil servants.

2. Assigning tasks and inspecting the performance of civil servants.

3. Proposing to competent authorities managing civil servants requirements for recruitment, appointment, promotion, transfer, reassignment, training, and upgrading of civil servants in their agency.

4. Evaluating civil servants under their jurisdiction according to regulations.

5. Assigning tasks, guiding, commenting, and evaluating reserve civil servants.

6. Implementing commendations and disciplinary actions for civil servants within their authority or proposing higher authorities to commend or discipline according to regulations.

7. Conducting statistics and reporting the situation of the civil servant workforce under their management to higher-level civil servant management agencies according to regulations.

8. Resolving complaints and denunciations against civil servants within their agency's scope.

Article 47. Management of civil servant files

The agency employing civil servants shall be responsible for establishing and retaining individual files of civil servants. All developments during the course of employment of civil servants from recruitment to termination of work must be recorded in their civil servant files.

The establishment, management, and retention of civil servant files shall be carried out according to the分级管理。

Chapter V

IMPLEMENTING PROVISIONS

Article 48. Effective Date

1. This Decree shall take effect fifteen days after its publication in the Official Gazette and shall replace Government Decree No. 95/1998/NĐ-CP dated November 17, 1998 on the recruitment, employment, 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 the recruitment, employment, and management of civil servants.

Article 49. Responsibility for guiding implementation

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

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

Article 50. 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./.