Circular No. 12/2018/TT-BGDĐT promulgates the Regulation on the examination for promotion of rank and position for teaching staff in public higher education institutions.

CIRCULAR

ISSUING REGULATIONS ON PROMOTION OF PROFESSIONAL RANKS FOR TEACHING CIVIL SERVANTS IN PUBLIC UNIVERSITIES

Pursuant to the Civil Servant Law No. 58/2010/QH12 dated November 15, 2010;

Pursuant to Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, utilization, and management of civil servants;

Pursuant to Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

At the request of the Director of the General Education Personnel and Educational Management Bureau,

The Minister of Education and Training issues this Circular on the Regulations for Promotion of Professional Ranks for Teaching Civil Servants in Public Universities.

Article 1. These Regulations are promulgated together with this Circular.

Article 2. This Circular takes effect from June 1, 2018.

Article 3. The Heads of the Office, the Director of the General Education Personnel and Educational Management Bureau, the heads of relevant units under the Ministry of Education and Training, the Chairpersons of People's Committees of provinces and centrally governed cities, related organizations and individuals are responsible for implementing this Circular./.

REGULATIONS

(Issued together with Circular No. 12/2018/TT-BGDĐT dated April 16, 2018 of the Minister of Education and Training)
Article 1. Examination Board for Promotion of Professional Ranks for Civil Servants

1. The Examination Board for Promotion of Professional Ranks for Civil Servants for teaching civil servants in public universities and public college teacher training institutions (hereinafter referred to as the Examination Board for Promotion) shall be established by the head of the agency or unit assigned and authorized according to Clause 1, Clause 2, Clause 3 of Article 30 of Decree No. 29/2012/ND-CP dated April 12, 2012 of the Government on Recruitment, Employment and Management of Civil Servants (hereinafter referred to as Decree No. 29/2012/ND-CP). The Examination Board for Promotion operates for each promotion examination period and dissolves itself upon completion of its tasks.

2. The duties and powers of the Examination Board for Promotion shall be implemented in accordance with Clause 4 of Article 31 of Decree No. 29/2012/ND-CP.

a) Chairman of the Examination Board for Promotion

- Is responsible for organizing the implementation of the duties of the Examination Board for Promotion as prescribed, directing the promotion examination in accordance with the Promotion Regulations;

- Assigns responsibilities to each member of the Examination Board for Promotion;

- Decides on the establishment of the Secretariat Team, the File Review Committee, and the Appeals Committee;

- Organizes the collection, preservation, examination of files, and compilation of the results of the promotion examination in accordance with regulations;

- Reports to the head of the agency or unit authorized to organize the promotion examination for review and decision on recognition of the results of the promotion examination;

- Resolves complaints and denunciations during the organization of the promotion examination period.

b) Deputy Chairman of the Examination Board for Promotion

Assists the Chairman of the Examination Board for Promotion in managing the activities of the Examination Board for Promotion and performs specific duties of the Examination Board for Promotion as assigned by the Chairman of the Examination Board for Promotion.

c) Members of the Examination Board for Promotion

The Chairman of the Examination Board for Promotion assigns specific tasks to ensure that the activities of the Examination Board for Promotion comply with regulations.

d) The Examination Board for Promotion may use the seal and account of the agency or unit authorized to organize the promotion examination in the activities of the Examination Board for Promotion.

d) The Promotion Board shall use the seal and account of the competent authority organizing the promotion review in the activities of the Promotion Board.

Article 2. Secretariat Team

1. The Secretariat Team shall be established by the Chairman of the Promotion Council, consisting of a Team Leader and members. The Team Leader of the Secretariat Team shall be a Member of the Promotion Council. The number of members of the Secretariat Team shall be decided by the Chairman of the Promotion Council.

2. Duties and powers of the Secretariat Team

a) Drafting guidance documents for promotion examination;

b) Compiling and preparing materials for the Promotion Council and recording minutes of the Promotion Council's meetings;

c) Organizing and preparing materials related to candidates for promotion examination;

d) Organizing the collection of examination fees for promotion, managing expenditures, and settling accounts for promotion examination expenses in accordance with current regulations;

e) Summarizing and reporting the results of the promotion examination to the Promotion Council.

Article 3. Appraisal Board

1. The Appraisal Board for Promotion Examination of Professional Title (hereinafter referred to as the Appraisal Board) shall be established by the Chairman of the Promotion Council, consisting of a Board Head and members.

2. Duties and powers of the Board Head of the Appraisal Board

a) Organizing the allocation of Appraisal Board members to ensure that each candidate's application must have at least two members from the same field or specialty as the candidate for appraisal, evaluation, and specific comments on the standards of the applied professional title;

b) Compiling the results of the appraisal and handing over the minutes to the Team Leader of the Secretariat Team of the Promotion Council. Keeping confidential the examination scores of the candidates.

3. Duties and powers of the Appraisal Board members

a) Implementing tasks assigned by the Board Head;

b) Conducting the appraisal of candidates' applications in accordance with the regulations;

c) Reporting any violations during the organization of the appraisal to the Board Head and recommending disciplinary actions. Keeping confidential the examination scores of the candidates.

4. Qualifications of Appraisal Board Members

a) A person appointed as a member of the Appraisal Board for Promotion Examination of Senior Lecturer (Class I) must hold the title of Senior Lecturer (Class I) or an equivalent title, and possess a doctoral degree in the same field or specialty as the candidate;

b) A person appointed as a member of the Appraisal Board for Promotion Examination of Principal Lecturer (Class II) must hold the title of Principal Lecturer (Class II) or an equivalent title, and possess a doctoral degree in the same field or specialty as the candidate.

5. Exclusion from being appointed as a member of the Appraisal Board for those who are the candidate's parents, siblings, spouse, or the parents, siblings, or spouse of the candidate's parents; those currently under investigation for disciplinary action or serving a disciplinary decision.

Article 4. Preparation Work for Promotion Examination

1. Based on this Regulation, each agency or unit designated under Clause 1 and Clause 2 of Article 30 of Decree No. 29/2012/NĐ-CP shall develop plans for promotion examinations of professional titles and issue decisions to establish the Promotion Council for Principal Lecturer (Class II); submit to the Ministry of Home Affairs for issuing decisions to establish the Promotion Council for Senior Lecturer (Class I).

2. The Promotion Council shall notify the content of the promotion examination of professional titles of civil servants including: Conditions for registering for the promotion examination; the number of civil servants to be examined for each professional title (if applicable); registration forms for the examination, deadlines and submission locations, contact phone numbers; content and form of the promotion examination; examination time; examination fees as prescribed by law.

3. The Secretariat Team shall compile a list of candidates for the promotion examination of professional titles; submit to the Chairman of the Promotion Council for deciding the list of candidates participating in the promotion examination of Principal Lecturer (Class II) after receiving the appraisal opinion of the Ministry of Home Affairs; send to the Ministry of Home Affairs for appraisal and decision on the list of candidates participating in the promotion examination of Senior Lecturer (Class I).

4. At least one day before organizing the promotion examination, the Secretariat Team of the Promotion Council must complete all preparatory work for the examination period, prepare relevant forms such as: List of candidates and accompanying files; handover receipt form; appraisal form for the promotion examination of professional titles of civil servants; ballot counting record; meeting minutes for the promotion examination of professional titles of civil servants; report on the results of the promotion examination of professional titles of civil servants; prepare badges for members of the Promotion Council, Appraisal Board, and service staff for the examination period. Badges of the Chairman, Vice-Chairman, Members of the Promotion Council, and the Board Head shall be printed with full name and position. Badges of other members shall only print positions.

Article 5. Organization of reviewing promotion files at higher education institutions

1. Based on the plan for reviewing promotions, the heads of public higher education institutions shall establish the institutional review board. The institutional review board shall consist of from three to five members including: the head (or representative of the head); union representative; representative of the unit responsible for advising and managing staff and the head in charge of the profession (if necessary), among which the representative of the unit responsible for advising and managing staff holds the position of permanent member and secretary.

2. The institutional review board operates according to democratic principles. Based on the job position requirements approved by the competent authority or the quota allocated and the criteria of each candidate who wishes to be reviewed for promotion, the board shall consider and nominate candidates for promotion review.

3. The head of the public higher education institution shall submit the list of eligible candidates to the promotion review board (along with the letter and minutes of the institutional review board) and shall be responsible for the conditions, standards, and authenticity of the candidates' application files.

Article 6. Organization of Promotion Examination

1. Promotion Review Organization

a) The Chairman of the promotion review board shall guide the examination regulations, related contents, and assign tasks to each member;

b) The Chairman of the promotion review board shall organize the verification and assessment of files in accordance with Circular No. 12/2012/TT-BNV dated December 18, 2012, issued by the Minister of Home Affairs regarding occupational titles and changes in occupational titles for civil servants;

c) The content of file verification must be based on the requirements of the occupational title being considered for promotion; it must ensure accuracy and scientific validity; the handover, opening, and closing of files must all be recorded in minutes as required;

d) Verify and convert points for scientific works according to Clause 3, Clause 4 of Circular No. 08/2018/TT-BGDĐT dated March 12, 2018, issued by the Minister of Education and Training regarding the conditions, content, and form of examination for promotion of teaching staff's occupational titles in public higher education institutions;

đ) The verification of candidates' scientific works must be conducted independently. If the scores of two verifiers differ by up to 10% from the maximum score, the average score shall be taken; if the difference exceeds 10% of the maximum score, the verifiers shall discuss to reach consensus; if consensus cannot be reached, the results shall be reported to the Head of the Verification Panel for decision by the Chairman of the promotion review board;

e) The verification results must include specific comments on the criteria of the occupational title applied for promotion and a confirmation record transferred to the Head of the Verification Panel;

2. Compilation and Decision on Promotion Results

a) After completing the verification process, the Head of the Verification Panel shall transfer the examination results to the Secretary General of the promotion review board through minutes;

b) The Secretary General of the promotion review board shall be responsible for compiling the promotion results of the candidates and reporting to the Chairman of the promotion review board;

c) The Chairman of the promotion review board shall convene a meeting to review the promotion results of the candidates; members of the board shall openly and democratically exchange opinions and discuss the organization of the examination and verification of files and the results of the candidates; the promotion review board shall elect a Counting Committee and proceed with voting to agree or disagree with the examination results of the candidates; the successful candidate must obtain at least half of the votes in favor of the total number of board members participating in the meeting and directly casting ballots; the promotion review board shall approve the minutes and results of the promotion examination;

d) The Chairman of the promotion review board shall report to the authorized person for consideration and decision on recognizing the results of the examination for promotion of the Associate Professor (Class II) occupational title after receiving the verification opinion of the Ministry of Home Affairs, and send the Ministry of Home Affairs for verification and decision on recognizing the results of the examination for promotion of the Full Professor (Class I) occupational title.

Article 7. Supervision of the Promotion Examination Period

1. The supervision of the promotion examination period shall be carried out according to the decision of the head of the agency or unit in accordance with the division of responsibilities prescribed in Clause 1, Clause 2, and Clause 3 of Article 30 of Decree No. 29/2012/NĐ-CP.

2. The contents of supervision include: Implementation of regulations on organizing the promotion examination period; regarding files, criteria, and conditions for candidates participating in the promotion examination; implementation of rules and organization of the promotion examination period.

3. Location of supervision: At the workplace of the Promotion Examination Board.

4. When discovering any violations, the person assigned or delegated to supervise has the right to record the violations of members of the Promotion Examination Board and the Appraisal Committee.

5. The supervisor of the promotion examination period must wear an identification card and comply with the internal regulations and rules of the promotion examination period when performing their duties.

Article 8. Handling Complaints, Accusations, and Reconsideration

1. During the organization of the examination period, if there are complaints or accusations, the Promotion Examination Board must examine and resolve them according to current regulations within 15 working days from the date of receipt of the complaint or accusation.

2. Reconsideration of the examination results

a) Within 15 working days from the date the Promotion Examination Board publicly announces and sends the examination results to the candidates at the address recorded in their application file, the candidates have the right to submit a request for reconsideration of the examination results.

b) Only requests for reconsideration directly submitted or sent through postal service to the competent agency or unit for promotion examination will be considered and resolved within the time limit specified in point a of this clause (counting from the postmark date on the envelope if the request is sent via postal service).

c) The Chairman of the Promotion Examination Board is responsible for organizing the reconsideration within 10 working days from the end of the deadline for submitting requests for reconsideration.

d) The Chairman of the Promotion Examination Board decides to establish a Reconsideration Committee, excluding those who were part of the Appraisal Committee. The Reconsideration Committee performs its tasks in accordance with the provisions of Article 6 of this Circular. In cases where the reconsideration result differs by 10% from the initial score, the Chairman of the Promotion Examination Board organizes direct dialogue between the appraiser and the reconsiderer to review and decide on the reconsideration result.

e) The reconsideration result is incorporated into the examination result, and the Chairman of the Promotion Examination Board reports to the authorized authority to review and recognize the examination result and notify the candidate who requested reconsideration.

Article 9. Archiving Documents

1. Documents related to the promotion examination period include: Texts on organizing the promotion examination period issued by the head of the competent agency or unit, texts of the Promotion Examination Board, minutes of meetings of the Promotion Examination Board, consolidated list of candidates, handover records of candidates' files, determination records of file status, evaluation forms for promotion examination, ballot counting minutes, meeting minutes for examining the promotion of vocational titles, reports on the results of examining the promotion of vocational titles, candidates' files, decisions recognizing the examination results, reconsideration minutes, conclusions on handling complaints and accusations, and appraisal contents.

2. Within 30 days from the end of the promotion examination period, the Secretary Team Leader of the Promotion Examination Board is responsible for:

a) Handing over the documents related to the promotion examination period as stipulated in Clause 1 of this Article to the competent agency or unit for management and storage.

b) Handing over the entire personal file of the candidates participating in the promotion examination to the unit responsible for managing the staff files.

3. The archiving of documents must comply with the provisions of Circular No. 27/2016/TT-BGDĐT dated December 30, 2016, of the Ministry of Education and Training on the retention period for professional documents of the education sector./.