Circular No. 13/2010/TT-BNV provides detailed regulations on recruitment and promotion of civil servants under Decree No. 24/2010/NĐ-CP dated March 15, 2010, concerning recruitment, utilization, and management of civil servants.

CIRCULAR

Detailed provisions on some articles regarding recruitment and promotion of civil servants under

 Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government

 regarding recruitment, utilization, and management of civil servants

 ____________________________

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants and Decree No. 93/2010/NĐ-CP dated August 31, 2010 of the Government amending certain articles of Decree No. 24/2010/NĐ-CP;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Home Affairs provides detailed provisions on some articles regarding recruitment and promotion of civil servants under Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants (hereinafter referred to as Decree No. 24/2010/NĐ-CP) as follows:

PART I

ON RECRUITMENT OF CIVIL SERVANTS

Article 1. Conditions for registering to apply for civil servant positions

1. Conditions for registering to apply for civil servant positions shall be implemented according to the provisions of Article 4 of Decree No. 24/2010/NĐ-CP. Other conditions based on the requirements of the position being applied for shall be established by the employing agency based on job descriptions linked to the field of study, skills, and experience required by the professional standards of the civil servant grade of the position being applied for.

2. The head of the employing agency shall submit a report in writing on the conditions for registering to apply for civil servant positions as stipulated in Clause 1 of this Article for the civil servant management agency to consider and decide.

Article 2. Application registration dossier for civil servant positions

The application registration dossier for civil servant positions includes:

1. An application form for registering to apply for civil servant positions according to the model at Appendix No. 1 issued together with this Circular;

2. A self-written curriculum vitae confirmed by the competent authority within thirty days from the date of submission of the application dossier;

3. A copy of the birth certificate;

4. Photographs of diplomas, certificates, and academic results as required by the position being applied for;

5. A health certificate issued by a competent health authority within thirty days from the date of submission of the application dossier;

6. A certificate of priority in recruiting civil servants (if any), certified by a competent authority.

Article 3. Agencies authorized to recruit civil servants

1. Civil servant management agencies implementing the recruitment of civil servants include:

a) The Supreme People's Court, the Supreme People's Procuracy, the State Audit Office;

b) The National Assembly Office, the President's Office;

c) Ministries, ministerial-level agencies, government agencies;

d) Organizations established by the Government, the Prime Minister that are not public service units;

đ) Provincial People's Committees, municipal people's committees directly under the central government;

e) Agencies authorized by the Communist Party of Vietnam, political-social organizations;

g) Provincial Party Committees, municipal party committees directly under the central government.

2. Agencies, organizations, units authorized to recruit civil servants:

Agencies, organizations, units subordinate to the civil servant management agencies specified in points a, c, đ, e, g of Clause 1 of this Article, if assigned civil servant quotas, operating funds, have their own seals and bank accounts, shall be delegated the authority to recruit civil servants. Agencies, organizations, units authorized to recruit civil servants as stipulated in this Clause must develop a recruitment plan to report to the civil servant management agency for approval. The recruitment plan includes the following contents:

a) The number of civil servant quotas assigned to the agency, organization, unit by the competent authority;

b) The number of positions to be recruited according to each civil servant grade within the assigned quota;

c) Registration conditions, examination or selection methods and content;

d) Other contents (if any) as required in writing by the civil servant management agency.

3. Agencies, organizations, units subordinate to the civil servant management agencies which have not been delegated recruitment authority as stipulated in Clause 2 of this Article shall directly implement the recruitment of civil servants to work in subordinate agencies, organizations, units by the civil servant management agency specified in Clause 2 of Article 2 of Decree No. 24/2010/NĐ-CP.

Article 4. Organizing examinations, evaluations, and direct recruitment without examination for civil servants

1. The recruitment of civil servants to positions corresponding to each type of civil servant shall be carried out as follows:

a) Civil servants of Type D (rank of staff member, officer, or equivalent) shall be recruited through either examination or evaluation;

b) Civil servants of Type C (rank of specialist or equivalent) shall be recruited through examination, evaluation, or direct recruitment without examination;

c) Civil servants of Type B (rank of senior specialist or equivalent) and civil servants of Type A (rank of senior specialist, high-level or equivalent) shall be recruited through direct recruitment without examination.

In cases where candidates applying for positions as specified in point c above do not meet the conditions for direct recruitment without examination, the civil service management agency shall, based on the requirements of each position corresponding to civil servants of Types B and A, develop a plan for organizing examinations for these positions, submit it to the Ministry of Home Affairs or the Central Organization Board for approval within their respective authority before implementation.

2. Organizing examinations, evaluations, and direct recruitment without examination for civil servants:

a) The agency authorized to recruit civil servants as stipulated in Article 3 of this Circular shall organize the recruitment of civil servants through examination or evaluation and report the results of the recruitment to the civil service management agency for approval;

b) The civil service management agency as stipulated in Clause 2, Article 2 of Decree No. 24/2010/NĐ-CP:

- Shall approve the recruitment results of civil servants based on the report of the head of the competent authority for civil servant recruitment;

- After receiving the unified opinion of the Ministry of Home Affairs or the Central Organization Board, implement direct recruitment without examination for civil servants according to the provisions of this Circular.

3. The organization of examinations and evaluations for civil servants shall be conducted in accordance with the Examination and Evaluation Regulation for Civil Servants (Annex 2) and the Examination and Promotion Rank Test Rules (Annex 3) issued together with this Circular.

4. Where Ministries, agencies at the level of ministries, and government agencies need specific regulations regarding the content and form of examinations and evaluations for civil servants that differ from those prescribed in Decree No. 24/2010/NĐ-CP and this Circular due to the requirements of their respective fields of management, they must reach a consensus with the Ministry of Home Affairs before implementation.

Article 5. Cases where a Recruitment Committee for Civil Servants is not established

When organizing the recruitment of civil servants, if the number of applicants registering for the same recruitment period is thirty or fewer, the head of the agency authorized to recruit civil servants does not have to establish a Recruitment Committee.

Article 6. Recruitment Announcement

1. The recruitment announcement of the agency authorized to recruit civil servants must be published on at least one of the following mass media: printed newspapers, radio, television; simultaneously, it must be posted on the agency's website and publicly displayed at the agency's office during the application submission period as stipulated in Clause 2, Article 15 of Decree No. 24/2010/NĐ-CP.

2. The contents of the recruitment announcement include:

a) Conditions for registration;

b) Number of positions to be filled by each rank of civil servant;

c) Content of the application, deadline for submission, and location for submitting applications, contact phone number;

d) Form and content of the examination or evaluation; time and location of the examination or evaluation; examination or evaluation fees.

3. Within fifteen days from the end date of the application submission period as stipulated in Clause 2, Article 15 of Decree No. 24/2010/NĐ-CP, the head of the agency authorized to recruit civil servants shall decide to establish a Recruitment Committee; in cases where a Recruitment Committee is not established as provided in Article 5 of this Circular, the head of the agency authorized to recruit civil servants shall assign the advisory department on organizational and personnel work of the agency to carry out the recruitment.

Article 7. Duration of Examinations in the Civil Service Recruitment Examination Period

1. For the case of recruiting civil servants under type D:

a) General knowledge subject: written examination lasting 120 minutes;

b) Specialized vocational subject: written examination lasting 120 minutes and multiple-choice examination lasting 30 minutes;

c) Foreign language subject: written examination lasting 60 minutes or oral examination lasting from 15 to 30 minutes (if the vocational standard for the position being recruited requires foreign language proficiency);

d) Office computer skills subject: practical examination on computer or multiple-choice examination, lasting 30 minutes (if the vocational standard for the position being recruited requires computer skills proficiency).

2. For the case of recruiting civil servants under type C:

a) General knowledge subject: written examination lasting 180 minutes;

b) Specialized vocational subject: written examination lasting 180 minutes and multiple-choice examination lasting 45 minutes;

c) Foreign language subject: written examination lasting 90 minutes or oral examination lasting from 15 to 30 minutes;

d) Office computer skills subject: practical examination on computer or multiple-choice examination, lasting 45 minutes.

3. For the case of recruiting civil servants for positions requiring specialized expertise in foreign languages or computer skills, the specialized vocational subject will be either foreign language or computer skills. The duration of the foreign language or computer skills examination shall be determined by the head of the agency with recruitment authority to ensure compliance with the requirements of the position being recruited.

4. For the case of recruiting civil servants for positions requiring the use of ethnic minority languages, the foreign language subject shall be replaced by an ethnic minority language examination. The duration of the ethnic minority language examination shall be determined by the head of the agency with recruitment authority to ensure compliance with the requirements of the position being recruited.

Article 8. Content of the Specialized Vocational Subject Examination

1. The content of the specialized vocational subject examination in the civil service recruitment examination must be based on the vocational standards of the civil servant grade that are appropriate to the position being recruited. In the same recruitment period, if there are positions requiring different specializations and vocations, the agency with recruitment authority shall organize the development of different specialized vocational subject examinations to ensure compliance with the requirements of the positions being recruited.

2. If the agency with recruitment authority has not established a bank of specialized vocational subject examination questions, the head of the agency with recruitment authority shall entrust the head of the agency using civil servants to develop specialized vocational subject examination questions that comply with the requirements of the positions being recruited, and submit them to the agency with recruitment authority for review and decision on the official examination questions.

Article 9. Decision on Recruitment and Acceptance of Employment

1. Within fifteen days from the date of the decision approving the recruitment results issued by the civil service management agency, the head of the agency with recruitment authority must send a written notification of the successful recruitment results to the applicants at the address registered by the applicants.

2. Within thirty days from the date of receipt of the notification of successful recruitment results from the agency with recruitment authority, the successful applicant must go to the agency with recruitment authority to complete the application file. The application file must be supplemented to be completed before signing the recruitment decision, including:

a) Copies of diplomas, certificates, and academic records according to the requirements of the position applied for, certified by the competent authority;

b) A criminal record certificate issued by the Department of Justice where the applicant resides.

The verification of diplomas, certificates, academic records, and issuance of judicial character certificates by the agency with authority must be carried out within the time limits specified in Clause 2 and Clause 3 of this Article.

3. In cases where the successful applicant has legitimate reasons preventing them from completing the application file, they must submit a request for extension before the deadline for completing the application file to the agency with recruitment authority. The extension period shall not exceed fifteen days from the end of the deadline for completing the application file as stipulated in Clause 2 of this Article.

4. After the successful applicant completes the application file in accordance with the provisions of Clause 2 and Clause 3 of this Article, within fifteen days, the head of the agency with recruitment authority must issue a recruitment decision for the successful applicant; in cases where the successful applicant does not complete the application file in accordance with the provisions, the head of the agency with recruitment authority issues a decision to cancel the successful recruitment result.

5. The person recruited into civil service must report for duty within the time limit specified in Clause 2 of Article 18 of Decree No. 24/2010/NĐ-CP.

6. In cases where the successful applicant's recruitment result is canceled according to the provisions of Clause 4 of this Article and in cases where the recruited person's recruitment decision is canceled due to failure to report for duty within the time limit specified in Clause 5 of this Article, the head of the agency with recruitment authority decides to recruit another person with the next lowest recruitment result for that position, provided that such person meets all conditions prescribed in Point a and Point b of Clause 1 of Article 11 of Decree No. 24/2010/NĐ-CP (in the case of organizing a civil service recruitment examination) or prescribed in Point a of Clause 1 of Article 14 of Decree No. 24/2010/NĐ-CP (in the case of organizing a civil service selection process).

In cases where two or more persons have the same next lowest recruitment result, the head of the agency with recruitment authority decides the successful applicant according to the provisions of Clause 2 of Article 11 of Decree No. 24/2010/NĐ-CP (in the case of organizing a civil service recruitment examination) or the provisions of Clause 2 of Article 14 of Decree No. 24/2010/NĐ-CP (in the case of organizing a civil service selection process).

Article 10. Acceptance for special cases in civil servant recruitment

1. Conditions and criteria for considering acceptance without examination:

a) Graduates who are top graduates from domestic higher education institutions and those who graduate with excellent grades from universities or postgraduate programs abroad, as stipulated in points a and b, Clause 1, Article 19 of Decree No. 24/2010/NĐ-CP, may be considered for acceptance without examination if they meet the following conditions and criteria:

- Ensuring the registration conditions for civil servant recruitment as prescribed in Article 1 of this Circular;

- Being recognized by the competent authority as a top graduate at the bachelor's level from domestic training institutions or as having graduated with excellent grades from universities or postgraduate programs abroad; in cases where they have worked after graduation, during their working period, they must not have violated laws to the extent of being subject to disciplinary action or criminal prosecution and must be evaluated as satisfactorily completing assigned tasks.

The determination of graduating with excellent grades from universities or postgraduate programs abroad shall be based on the classification on the graduation certificate; in cases where the graduation certificate does not include a classification, the civil service management agency shall report in detail the overall academic results and graduation defense results to the Ministry of Home Affairs or the Central Organization Board for consideration and decision according to the management authority over civil servants.

b) Individuals with work experience as stipulated in point c, Clause 1, Article 19 of Decree No. 24/2010/NĐ-CP may be considered for acceptance without examination if they meet the following conditions and criteria:

- Ensuring the registration conditions for civil servant recruitment as prescribed in Article 1 of this Circular;

- Having a bachelor's degree or higher; currently working in the sector or field requiring recruitment; having at least 60 months of work experience in jobs requiring a bachelor's or postgraduate degree in the required sector or field (excluding probationary and trial periods, and if there are non-consecutive work periods, these can be accumulated); during the most recent five years of work, they must not have violated laws to the extent of being subject to disciplinary action or criminal prosecution; meeting the immediate requirements of the job position needed for recruitment or falling under one of the cases specified in point c, Clause 2 of this Article.

2. Procedure for considering acceptance without examination:

a) The head of the civil service management agency establishes an Examination and Assessment Board to evaluate the conditions, criteria, qualifications, and professional expertise of the individual proposed for acceptance without examination according to the requirements and duties of the job position needed for recruitment. The Examination and Assessment Board consists of 5 or 7 members, including:

- The Chairman of the Board is the head or deputy head of the civil service management agency;

- One member is the head of the advisory department responsible for organizational and personnel affairs in the civil service management agency;

- One member is the head of the organization or unit planning to assign the civil servant after acceptance;

- Other members are representatives of relevant specialized departments, including one member serving as the Secretary of the Board.

b) Duties and powers of the Examination and Assessment Board:

- Checking the conditions, criteria, diplomas, and certificates according to the requirements of the job position needed for recruitment;

- Assessing the general knowledge level and professional expertise of the individual proposed for acceptance. The form and content of the assessment are determined by the Examination and Assessment Board based on the requirements of the job position needed for recruitment, reported to the head of the civil service management agency for consideration and decision before organizing the assessment;

- The Examination and Assessment Board operates on the principle of collective decision-making, majority voting, and self-dissolution upon completion of its tasks.

c) Cases where it is not necessary to establish an Examination and Assessment Board when considering acceptance without examination:

In the following cases, individuals with a bachelor's degree or higher, continuous work experience of at least 60 months (excluding probationary and trial periods), and no violation of laws to the extent of being subject to disciplinary action or criminal prosecution during the most recent five years of work, if they are considered for acceptance without examination according to the provisions of point b, Clause 1 of this Article, the head of the civil service management agency does not need to establish an Examination and Assessment Board:

- Those who were cadres or civil servants at the district level or above in the required sector or field, then transferred to work in public service organizations, armed forces, state-owned enterprises;

- Civil servants who were recruited and appointed to positions prior to July 1, 2003 (except for cases stipulated in Clause 6 of this Article);

- Those holding leadership or managerial positions at the department level or above in state-owned enterprises;

- Military officers, police officers, professional military personnel, and personnel engaged in confidential work.

d) The head of the civil service management agency shall issue a document to the Ministry of Home Affairs or the Central Organization Board for unified opinion before deciding on acceptance without examination for special cases in civil servant recruitment as prescribed in this Article, specifically as follows:

- The Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, the National Assembly Office, the President's Office, Ministries, agencies equivalent to ministries, government agencies, provincial people's committees, and other organizations established by the Government or the Prime Minister that are not public service organizations shall send documents to the Ministry of Home Affairs for unified opinion;

- Competent authorities of the Communist Party of Vietnam, political-social organizations, provincial party committees, and municipal party committees directly under the central committee shall send documents to the Central Organization Board for unified opinion.

3. Documents submitted to the Ministry of Home Affairs or the Central Organization Board for unified opinion on cases of acceptance without examination include:

a) The request letter shall be signed by the head or deputy head of the civil service management agency, including a job description for the position to be recruited corresponding to each case proposed for recruitment without examination; the number of authorized establishment quotas that have not been utilized by the recruiting agency, organization, or unit; and the anticipated rank and salary grade for cases proposing appointment to the senior specialist, chief specialist ranks or equivalent, and the cases stipulated in Clause 2, Article 11 of this Circular.

b) Minutes and results of the meeting of the Examination Board for cases required to undergo examination and assessment. For cases exempted from examination and assessment as provided in point c, Clause 2 of this Article, there must be a proposal letter for recruitment signed by the head of the agency, organization, or unit where the person to be recruited without examination is expected to work.

c) The dossier of the person proposed for recruitment without examination includes:

- A self-written resume with confirmation from the competent authority within thirty days, counted from the date of submission of the application dossier for cases of recruitment as specified in point a, Clause 1 of this Article; a resume according to Model No. 2c issued together with Decision No. 02/2008/QĐ-BNV dated October 6, 2008, of the Minister of Home Affairs on the issuance of forms for managing cadres' and civil servants' files (hereinafter referred to as Model No. 2c), confirmed by the agency, organization, or unit where the person works within thirty days, counted from the date of submission of the application dossier for cases of recruitment as specified in point b, Clause 1 of this Article;

- A copy of the birth certificate;

- Copies of diplomas and certificates as required for the applied position, certified by the competent authority;

- Copies of academic records as required for the applied position for cases of recruitment as specified in point a, Clause 1 of this Article, certified by the competent authority;

- A health certificate issued by a competent health authority within thirty days, counted from the date of submission of the application dossier;

- A criminal record certificate issued by the Department of Justice at the place of permanent residence;

- An evaluation form of the person proposed for recruitment regarding political quality, moral character, professional qualifications, expertise, work experience, and awards received, with comments and confirmation from the head of the agency, organization, or unit where the person works for cases of recruitment as specified in point b, Clause 1 of this Article.

4. Within thirty days from the date of receipt of the complete application dossier from the civil service management agency as stipulated in Clause 3 of this Article, the Ministry of Home Affairs or the Central Organization Committee must issue a response letter; if no response is given, it will be deemed as approval. In cases where the dossier is incomplete according to regulations, within fifteen days from the date of receipt of the application, the Ministry of Home Affairs or the Central Organization Committee must issue a letter requesting the civil service management agency to supplement and complete the dossier in accordance with regulations.

5. The head of the civil service management agency is responsible for the conditions, standards, qualities, professional qualifications, and expertise of the person proposed for recruitment without examination. The Ministry of Home Affairs or the Central Organization Committee is responsible for reviewing the conditions, standards, procedures, and dossiers for implementing recruitment without examination.

6. The process of transferring to civil servant status without examination for public institution employees who have worked for at least five years as stipulated in point a, Clause 1 of Article 58 of the Civil Servant Law shall be carried out in accordance with the Government's detailed regulations and guidance on the implementation of the Civil Servant Law.

Article 11. Classification and salary grade for cases with social insurance contribution period before recruitment

1. For cases currently classified and paid according to classification, grade, position, and rank based on the salary table prescribed by the State:

a) In the case of appointment and classification to the specialist grade or lower grades:

The head of the civil servant management agency shall decide on classification and salary grade within their authority and in accordance with the guidance provided in Circular No. 79/2005/TT-BNV dated August 10, 2005, issued by the Ministry of Home Affairs guiding the transfer of salary classification for cadres, civil servants, and public officials when changing jobs and cases transferred from military forces, cryptographic units, and state-owned enterprises to work in state agencies and public institutions.

b) In the case of appointment and classification to the senior specialist grade or equivalent grades:

The head of the civil servant management agency must propose specific classification and salary grade plans for each case, accompanied by documents submitted to the Ministry of Home Affairs or the Central Organization Board for unified opinion before deciding within their authority. The dossier includes:

- Copies of certificates and qualifications certified by the competent authority according to the professional standards of the civil servant classification;

- Copies of salary classification decisions made by the competent authority;

- Copies of the social insurance book confirmed by the competent authority.

c) In the case of appointment and classification to the senior high-level specialist grade or equivalent grades:

The head of the civil servant management agency must propose specific classification and salary grade plans for each case, accompanied by documents submitted to the Ministry of Home Affairs or the Central Organization Board for consideration and decision. The dossier includes:

- A brief resume of the civil servant according to Form No. 2c, confirmed by the employing agency;

- Copies of certificates and qualifications certified by the competent authority according to the professional standards of the civil servant classification;

- Copies of salary classification decisions made by the competent authority;

- Copies of the social insurance book confirmed by the competent authority.

2. For cases not yet classified and paid according to classification, grade, position, and rank based on the salary table prescribed by the State:

The head of the civil servant management agency must propose specific classification and salary grade plans for each case, accompanied by copies of the social insurance book confirmed by the competent authority for each case, and submit these to the Ministry of Home Affairs or the Central Organization Board for unified opinion before implementation.

3. The time limit for the Ministry of Home Affairs or the Central Organization Board to respond to requests for classification and salary grade for cases specified in points b and c of Clause 1 and Clause 2 of this Article shall be implemented in accordance with Clause 4 of Article 10 of this Circular.

Article 12. Cases Exempted from Probationary Period

1. A recruited person is exempted from the probationary period if they meet all of the following conditions:

a) They have a working period with mandatory social insurance contributions equal to or greater than the probationary period stipulated in Clause 2 of Article 20 of Decree No. 24/2010/NĐ-CP corresponding to the recruited civil servant classification;

b) During the working period with mandatory social insurance contributions as specified in point a of this clause, the recruited person has performed tasks in accordance with the requirements of the recruited civil servant classification.

2. If a recruited person does not meet all the conditions stipulated in Clause 1 of this Article, they must undergo the probationary period; the time spent performing tasks as specified in point b of Clause 1 of this Article (if any) shall be counted towards the probationary period.

Article 13. Examination for transfer of village-level cadres and civil servants to higher-level civil servants

1. Village-level cadres as prescribed in Clause 2, Article 61 of the Civil Servants Law when ceasing to hold office at the end of their term and village-level civil servants as prescribed in Clause 3, Article 61 of the Civil Servants Law, if they meet the conditions and standards stipulated in Article 25 of Decree No. 24/2010/NĐ-CP and have the desire to be transferred to become higher-level civil servants must submit personal files to the head of the competent authority for recruitment of civil servants for examination. The personal file includes:

a) A request for examination for transfer to become higher-level civil servants;

b) An assessment and review of work performance and the opinion of the head of the competent authority managing village-level cadres and civil servants agreeing to the transfer of work;

c) A brief curriculum vitae of the cadre or civil servant according to Model No. 2c, confirmed by the People's Committee of the village where the person requesting the examination is working;

d) Copies of certificates and diplomas according to the vocational standards of the civil servant rank certified by the competent authority;

đ) A health certificate issued by the competent health authority within 30 days from the date of submitting the application for examination for transfer;

2. When examining the transfer of village-level cadres and civil servants to higher-level civil servants, the head of the competent authority for recruitment of civil servants must establish an Examination and Assessment Board to evaluate the conditions, standards, qualifications, and professional competence of the person requesting the examination according to the requirements and tasks of the position to be recruited.

a) The Examination and Assessment Board consists of 5 or 7 members, including:

- The Chairman of the Board is the head or deputy head of the competent authority for recruitment of civil servants;

- One member is the head of the advisory department on organizational and cadre affairs of the competent authority for recruitment of civil servants;

- One member is the head of the organization or unit planning to assign the civil servant after the examination for transfer;

- Other members are representatives of relevant specialized departments, among which some members also serve as Secretaries of the Board.

b) Duties and powers of the Examination and Assessment Board:

- Checking the conditions, standards, certificates, and diplomas of the person requesting the examination according to the requirements of the position to be recruited;

- Assessing the general knowledge level and professional competence of the person requesting the examination. The form and content of the assessment are determined by the Examination and Assessment Board based on the requirements of the position to be recruited, reported to the head of the competent authority for recruitment of civil servants for consideration and decision before organizing the assessment;

- The Examination and Assessment Board operates on the principle of collective decision-making, majority voting, and self-dissolution upon completion of its tasks.

3. Authority to decide on the examination for transfer of village-level cadres and civil servants to higher-level civil servants:

a) In cases where the civil service management agency as prescribed in Clause 2, Article 2 of Decree No. 24/2010/NĐ-CP conducts the examination for transfer, the head of the civil service management agency will consider and decide based on the results of the examination and assessment;

b) In cases where the organization or unit authorized to recruit civil servants as prescribed in Clause 2, Article 3 of this Circular conducts the examination for transfer, the head of the competent authority for recruitment of civil servants shall issue a document (attached with the minutes of the Examination and Assessment Board meeting) to the head of the civil service management agency for consideration and decision;

4. Village-level cadres and civil servants who are examined and transferred to become higher-level civil servants shall be appointed to the corresponding civil servant rank for the position they will assume. The salary grade assignment and retention of allowances, leadership position allowances (if applicable) shall be carried out as follows:

a) For village-level civil servants currently receiving administrative civil servant salaries, they continue to enjoy the current salary grade;

b) For village-level cadres:

- In cases where they are currently receiving administrative civil servant salaries and enjoying leadership position allowances, they continue to enjoy the current salary grade. If the new job does not have leadership position allowances or has a lower level of leadership position allowances, they retain the current level of leadership position allowances for six months from the date of examination for transfer;

- In cases where they are currently receiving position-based salaries, they must reassign their salaries to the newly appointed rank according to the guidance provided in Clause 2, Article 2 of the Joint Circular No. 03/2010/TTLT-BNV-BTC-BLĐTB&XH dated May 27, 2010, issued by the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decree No. 92/2009/NĐ-CP dated October 22, 2009, of the Government on the titles, number, and certain policies for village-level cadres and civil servants and non-professional staff at the village level. If the total salary coefficient according to the rank and grade plus the leadership position allowance (if applicable) for the new job is lower than the current position-based salary coefficient, they retain the difference for six months from the date of examination for transfer.

Chapter II

PROMOTION OF CIVIL SERVANT RANKS

Article 14. Principles for organizing civil service grade promotion examinations

1. The civil service grade promotion examination shall be conducted on a competitive basis among civil servants within the same civil service management agency when such agency meets the following conditions:

a) The civil service management agency has established the structure of civil service grades for agencies, organizations, and units under its jurisdiction and such structure has been approved by the Ministry of Home Affairs or the Central Organization Commission according to their respective authorities;

b) The civil service management agency has identified the vacant positions relative to the structure of civil service grades for agencies, organizations, and units under its jurisdiction to serve as the basis for determining the quota for grade promotions for each civil service grade.

2. Based on the number of grade promotion quotas specified in point b, Clause 1 of this Article, civil servants who meet the criteria and conditions stipulated in Clause 3, Article 29 of Decree No. 24/2010/NĐ-CP may register to take the grade promotion examination without being limited in the number of civil servants registering for each grade promotion quota.

Article 15. Developing plans for civil service grade promotion examinations

1. By the latest date of March 31 each year, the civil service management agency must submit a report in writing regarding the current quantity and structure of civil service grades of agencies, organizations, and units under its jurisdiction, and propose the number of grade promotion quotas for each civil service grade according to Model No. 1 issued together with this Circular, to the Ministry of Home Affairs or the Central Organization Commission for consensus before organizing grade promotion examinations according to their respective authorities, specifically as follows:

a) Supreme People's Court, Supreme People's Procuracy, State Audit Office, National Assembly Office, President's Office, Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, municipal People's Committees directly under the central government, and other organizations established by the Government or the Prime Minister that are not public service units shall submit their reports to the Ministry of Home Affairs;

b) Agencies authorized by the Communist Party of Vietnam, political-social organizations, provincial Party Committees, municipal Party Committees directly under the central government shall submit their reports to the Central Organization Commission, while also submitting a copy to the Ministry of Home Affairs for coordination in implementation.

2. Developing plans to organize upgrading civil servant ranks examinations:

a) For the examination to promote to civil servant, specialist, or equivalent grade:

Based on the consensus opinion of the Ministry of Home Affairs or the Central Organization Commission on the number of grade promotion quotas as stipulated in Clause 1 of this Article, the civil service management agency shall develop a plan to organize the civil service grade promotion examination, which shall be submitted to the Ministry of Home Affairs or the Central Organization Commission for approval before implementation according to the authority stipulated in Clause 3, Article 30 of Decree No. 24/2010/NĐ-CP.

b) For the examination to promote to senior specialist, senior specialist (or equivalent) grade:

Based on the proposed number of grade promotion quotas from the civil service management agencies, the Ministry of Home Affairs or the Central Organization Commission shall develop a plan to organize the civil service grade promotion examination to implement according to the authority stipulated in Clause 1 and Clause 2, Article 30 of Decree No. 24/2010/NĐ-CP.

Article 16. Application forms for registration to participate in civil service grade promotion examinations

1. The application form for registration to participate in civil service grade promotion examinations includes:

a) A brief resume of the civil servant according to Model No. 2c, certified by the employing agency;

b) An evaluation and assessment of the civil servant by the head of the employing agency according to the criteria and conditions stipulated in Clause 3, Article 29 of Decree No. 24/2010/NĐ-CP;

c) Copies of certificates and diplomas required for the grade applied for, certified by the competent authority;

d) A health certificate issued by a competent health authority within thirty days prior to the submission of the examination registration application;

đ) Other requirements as prescribed by the vocational standards for the grade applied for;

2. The review and decision on whether a civil servant meets the criteria and conditions to participate in the grade promotion examination and the retention and management of the application forms for grade promotion examination of civil servants shall be carried out as follows:

a) For the examination to promote to civil servant, specialist, or equivalent grade:

The civil service management agency is responsible for reviewing and deciding whether a civil servant meets the criteria and conditions to participate in the examination and retaining and managing the application forms of civil servants participating in the examination.

b) For the examination to promote to senior specialist or equivalent grade:

- The civil service management agency is responsible for the criteria and conditions of the civil servants applying to participate in the examination and retaining and managing the application forms of civil servants participating in the examination;

- The Ministry of Home Affairs or the Central Organization Commission is responsible for verifying the criteria and conditions of the civil servants applying to participate in the examination and announcing the list of civil servants meeting the criteria and conditions to participate in the examination.

c) For the examination to promote to senior specialist (or equivalent) grade:

The Ministry of Home Affairs or the Central Organization Commission is responsible for reviewing and deciding whether a civil servant meets the criteria and conditions to participate in the examination and retaining and managing the application forms of civil servants participating in the examination.

Article 17. Organizing Promotion Examinations for Civil Servants

1. For examinations to upgrade to assistant officer, officer, or equivalent ranks:

Based on the plan for organizing promotion examinations for civil servants approved by the Ministry of Home Affairs or the Central Organization Committee pursuant to point a, Clause 2, Article 15 of this Circular, the head of the civil servant management agency shall decide on the list of civil servants meeting all the criteria and conditions to participate in the examination for promotion to clerk, specialist, or equivalent positions; establish the Promotion Examination Board in accordance with Article 32 of Decree No. 24/2010/NĐ-CP to organize the examination and report the results to the Ministry of Home Affairs or the Central Organization Committee for monitoring within their respective jurisdictions.

2. For examinations for promotion to senior specialist, senior specialist (or equivalent):

a) Based on the plan for organizing promotion examinations for civil servants of the Ministry of Home Affairs or the Central Organization Committee pursuant to point b, Clause 2, Article 15 of this Circular, the civil servant management agency shall prepare a list of civil servants meeting all the criteria and conditions to participate in the examination for promotion to senior specialist, senior specialist (or equivalent) positions of agencies, organizations, and units under its management according to Model Form No. 3 issued together with this Circular and send a written document to the Ministry of Home Affairs or the Central Organization Committee for review and organization of the promotion examination within their respective jurisdictions;

b) The Ministry of Home Affairs or the Central Organization Board shall decide to establish the Examination Board for upgrading ranks as stipulated in Article 32 of Decree No. 24/2010/NĐ-CP to organize the examination as prescribed.

3. The organization of promotion examinations for civil servants shall be carried out in accordance with the Examination Regulations (Annex No. 3) and the Promotion Examination Implementation Rules (Annex No. 4) issued together with this Circular.

Article 18. Appointment to Rank and Salary Adjustment for Successful Candidates in Promotion Examinations

1. Based on the notification from the competent agency organizing the promotion examination for civil servants, the appointment to rank for successful candidates in the promotion examination shall be implemented as follows:

a) For examinations to upgrade to Cadre, Officer, Senior Officer, or equivalent:

The head of the civil servant management agency shall decide on the appointment to rank and report the results according to Model Form No. 4 issued together with this Circular to the Ministry of Home Affairs or the Central Organization Committee for monitoring within their respective jurisdictions.

b) For examinations to upgrade to Senior Officer or equivalent:

- The Ministry of Home Affairs shall decide on the appointment to rank for civil servants belonging to state agencies, state-owned public institutions who have successfully passed the senior specialist (or equivalent) promotion examination;

- The Central Organization Committee shall decide on the appointment to rank for civil servants belonging to Party of Vietnam's agencies, public institutions, political-social organizations who have successfully passed the senior specialist (or equivalent) promotion examination.

2. The salary adjustment for civil servants appointed to new ranks after passing the promotion examination shall be carried out in accordance with Circular No. 02/2007/TT-BNV dated May 25, 2007, of the Ministry of Home Affairs guiding the adjustment of salaries when promoting, transferring, or changing categories of civil servants and officials.

Chapter III

IMPLEMENTING PROVISIONS

Article 19. Transitional Provisions Regarding Promotion Examinations for Civil Servants

For promotion examinations that do not meet the competitive principle stipulated in Article 14 of this Circular, the competent agency organizing the promotion examination for civil servants shall organize the promotion examination for civil servants in accordance with the guidelines set forth in Annex No. 5 issued together with this Circular.

Article 20. Implementation

1. The head of the agency using civil servants with delegated recruitment authority shall be responsible for implementing the recruitment of civil servants in accordance with the delegation and division of responsibilities to ensure compliance with this Circular.

2. The head of the civil servant management agency shall be responsible for:

a) Organizing the implementation of recruitment and promotion of civil servants in accordance with this Circular;

b) Promptly implementing the determination of job positions and building the structure of civil servant ranks in agencies, organizations, and units under its management as the basis for implementing competitive recruitment and promotion of civil servants.

3. The Ministry of Home Affairs or the Central Organization Committee shall be responsible for guiding the civil servant management agencies under their jurisdiction to implement the construction of the structure of civil servant ranks, the determination of job positions in agencies, organizations, and units under their management, and the organization of implementation of recruitment and promotion of civil servants in accordance with this Circular.

Article 21. Effective Date

1. This Circular takes effect from February 15, 2011.

2. The following consolidated documents are abolished:

a) Circular No. 08/2004/TT-BNV dated February 19, 2004, of the Ministry of Home Affairs guiding the implementation of Decree No. 115/2003/NĐ-CP dated October 10, 2003, of the Government on the probationary civil servant system;

b) Circular No. 09/2004/TT-BNV dated February 19, 2004, of the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government on the recruitment, use, and management of civil servants in state agencies;

c) Circular No. 06/2007/TT-BNV dated July 4, 2007, of the Ministry of Home Affairs guiding the implementation of Decree No. 08/2007/NĐ-CP dated January 15, 2007, of the Government amending and supplementing certain provisions of Decree No. 115/2003/NĐ-CP dated October 10, 2003, of the Government on the probationary civil servant system and guiding certain provisions of Decree No. 115/2003/NĐ-CP dated October 10, 2003, of the Government;

d) Circular No. 07/2007/TT-BNV dated July 4, 2007, of the Ministry of Home Affairs guiding the implementation of Decree No. 09/2007/NĐ-CP dated January 15, 2007, of the Government amending and supplementing certain provisions of Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government on the recruitment, use, and management of cadres and civil servants in state agencies and guiding certain provisions of Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government.

3. Abolish the provisions applicable to civil servants in the following documents:

a) Decision No. 10/2006/QĐ-BNV dated October 5, 2006, of the Minister of Home Affairs on the issuance of the Regulations on the Organization of Recruitment and Rank Advancement Examinations for Officials and Public Servants;

b) Decision No. 12/2006/QĐ-BNV dated October 5, 2006, of the Minister of the Ministry of Home Affairs on the issuance of Examination Regulations for recruitment and promotion examinations for cadres and civil servants;

c) Circular No. 07/2008/TT-BNV dated September 4, 2008, of the Ministry of Home Affairs guiding the implementation of certain provisions regarding promotion examinations for civil servants.

Article 22. Responsibility for enforcement

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, and related agencies, organizations, and individuals are responsible for enforcing this Circular./.