Circular No. 15/2012/TT-BNV guiding on recruitment, signing employment contracts, and compensating training costs for civil servants

CIRCULAR

Guidelines on recruitment, signing employment contracts, and compensating training costs for civil servants

costs for training and improving the competence of civil servants

_____________________

Pursuant to the Civil Servant Law dated November 15, 2010;

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

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of Home Affairs issues this Circular guiding recruitment, signing employment contracts, and compensating training costs for civil servants,

PART I

REGARDING THE 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 in accordance with Article 22 of the Civil Servant Law and Clause 4 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, utilization, and management of civil servants (hereinafter referred to as Decree No. 29/2012/NĐ-CP).

2. Those who register to apply for positions in public service units in the fields of culture, art, physical education, and sports may have a lower age limit than eighteen years old but must be at least fifteen years old and obtain written consent from their legal representative.

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 Model No. 1 issued together with this Circular;

2. A self-written curriculum vitae confirmed by the competent authority within six months from the date of submitting the application dossier;

3. Copies of certificates and academic records required for the applied position, certified by the competent authority. In case there are certificates issued by foreign educational institutions, they must be notarized and translated into Vietnamese;

4. A health certificate still valid, issued by a medical facility qualified to conduct health examinations in accordance with Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health on guiding health examinations;

5. A certificate confirming eligibility for preferential treatment in civil servant recruitment (if applicable), certified by the competent authority.

Article 3. Recruitment announcement

1. The recruitment announcement of the competent authority for recruiting civil servants must be published at least once on one of the mass media (print, radio, television) located where the main office of the authority is situated; posted on the electronic information page of the competent authority (if available) and publicly displayed at the office of the competent authority for recruiting civil servants within the period specified for receiving application dossiers under Clause 2, Article 15 of Decree No. 29/2012/NĐ-CP.

2. The contents of the recruitment announcement include:

a) Standards and conditions for registration to participate in the recruitment;

b) The number of civil servants needed for each job position and corresponding occupational titles;

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

d) Form and content of examination or selection, time and location of examination or selection, examination or selection fees as prescribed by law.

3. Within fifteen days from the end date of the period for receiving application dossiers of those applying for registration as stipulated in Clause 2, Article 15 of Decree No. 29/2012/NĐ-CP, the head of the competent authority for recruiting civil servants decides to establish a Board to organize the examination or selection.

Article 4. Subjects and duration of each subject in the civil servant recruitment examination

1. The civil servant recruitment examination is conducted through specific subjects as follows:

a) General knowledge test: Written test, duration of 120 minutes;

b) Professional and vocational subject test, consisting of two parts:

- Written test, duration of 180 minutes or multiple-choice test, duration of 30 minutes;

- Practical test. Duration of the practical test is decided by the head of the competent authority for recruiting civil servants, suitable to the nature, characteristics of the professional field, and requirements of the position to be recruited;

c) Foreign language test: Written test, duration of 60 minutes (if the occupational title standard requires foreign language proficiency);

d) Office computer skills test: Practical test on a computer or multiple-choice test, duration of 30 minutes (if the occupational title standard requires computer skills).

2. In cases where recruitment is for positions requiring foreign languages or information technology expertise, the duration of the foreign language or information technology test is determined by the head of the competent authority for recruiting civil servants to ensure compliance with the requirements of the position to be recruited.

3. In cases where recruitment is for positions requiring the use of ethnic minority languages, the foreign language test is replaced by an ethnic minority language test. The duration of the ethnic minority language test is determined by the head of the competent authority for recruiting civil servants to ensure compliance with the requirements of the position to be recruited.

Article 5. Content of specialized professional examination

The content of the specialized professional examination during the civil servant recruitment examination must be based on the occupational standards corresponding to the positions to be recruited. In the same recruitment period, if there are different positions requiring different specialized professional knowledge and skills, the competent authority for recruitment must develop separate examination questions that match the requirements of the positions to be recruited.

Article 6. Recruitment decision and commencement of work

1. Within fifteen days from the date of the decision approving the recruitment results, the head of the competent authority for recruitment must send a written notification of the successful recruitment results to the candidates through the postal service at the address registered by the candidates and publicly announce it on the electronic news page of the competent authority for recruitment (if available).

2. Successful candidates must sign the employment contract and commence their duties within the time limit specified in Clause 1 of Article 19 of Decree No. 29/2012/NĐ-CP.

3. In cases where the recruitment decision is revoked due to the recruit's failure to meet the conditions, the head of the competent authority for recruitment may decide to recruit another candidate with the next highest recruitment result who meets the conditions stipulated in Clause 1 and Clause 2 of Article 10 of Decree No. 29/2012/NĐ-CP (in the case of organizing a civil servant recruitment examination) or the conditions stipulated in Clause 1 and Clause 2 of Article 13 of Decree No. 29/2012/NĐ-CP (in the case of organizing a civil servant recruitment review). If two or more candidates have the same next highest recruitment result, the head of the competent authority for recruitment shall directly interview these candidates to determine the successful candidate according to the provisions of Clause 3 of Article 10 of Decree No. 29/2012/NĐ-CP (in the case of organizing a civil servant recruitment examination) or the provisions of Clause 3 of Article 11 of Decree No. 29/2012/NĐ-CP (in the case of organizing a civil servant recruitment review).

Article 7. Special recruitment conditions

1. Based on job requirements, the head of the competent authority for recruitment may consider special recruitment without following the procedures and formalities prescribed in Articles 15, 16, and 17 of Decree No. 29/2012/NĐ-CP for the following cases:

a) Individuals with work experience as stipulated in Point a of Clause 1 of Article 14 of Decree No. 29/2012/NĐ-CP, currently working in the relevant industry or field of professional activity required for recruitment; having continuously worked for at least thirty-six months performing tasks or responsibilities that require qualifications, capabilities, and professional skills matching the position to be recruited (excluding probationary or trial periods); during this period, they did not violate laws to the extent of being subject to disciplinary action or criminal prosecution, and were evaluated as satisfactorily completing assigned tasks; meeting the immediate requirements of the position to be recruited.

b) Graduates of bachelor’s degree with excellent grades, master’s degree, or doctorate degrees both domestically and internationally as stipulated in Point b of Clause 1 of Article 14 of Decree No. 29/2012/NĐ-CP, with a major that matches the requirements of the position to be recruited; if they have worked after graduation, they must work in the relevant industry or field of professional activity required for recruitment, and during this period, they did not violate laws to the extent of being subject to disciplinary action or criminal prosecution and were evaluated as satisfactorily completing assigned tasks during this time;

c) Individuals with exceptional talent or special aptitude as stipulated in Point c of Clause 1 of Article 14 of Decree No. 29/2012/NĐ-CP, holding educational certificates, professional certificates, or demonstrating aptitudes and skills suitable for the positions to be recruited in public institutions in cultural, artistic, sports, and traditional trades fields.

2. Determination of a bachelor’s degree with excellent grades is based on the classification on the graduation certificate; if the graduation certificate does not include a grade classification, the competent authority for recruitment must report the overall academic performance and graduation defense results to the management agency of the public institution for consideration and decision. Within fifteen working days from the date of receipt of the document, the management agency of the public institution must provide a written response.

Article 8. Examination and Assessment Board for special admission cases

The head of the agency or unit with the authority to recruit civil servants shall establish the Examination and Assessment Board for special admission. The Examination and Assessment Board consists of five or seven members, specifically as follows:

1. In the case of public service units authorized to recruit civil servants:

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

b) One member is the person responsible for organizational and personnel work at the public service unit;

c) One member is the head or deputy head of the department or organization that has the need to recruit and assign tasks to the recruited civil servant;

d) The remaining members are those with expertise related to the position being recruited, decided by the head of the public service unit. The secretary of the Examination and Assessment Board is designated by the Chairman of the Board from among the Board members.

2. In the case of public service units not authorized to recruit civil servants:

a) The Chairman of the Board is appointed by the head of the agency with the authority to recruit civil servants;

b) One member is the head or deputy head of the public service unit;

c) One member is the representative of the department handling organizational and personnel work at the agency with the authority to recruit civil servants;

d) The remaining members are those with expertise related to the position being recruited, decided by the head of the agency with the authority to recruit civil servants. The secretary of the Examination and Assessment Board is designated by the Chairman of the Board from among the Board members.

3. Duties and powers of the Examination and Assessment Board:

a) To examine conditions, standards, diplomas, and certificates according to the occupational title standards corresponding to the job position being recruited and the specific requirements of the public service unit;

b) To assess through interviews or practical exercises on general knowledge, professional qualifications, and skills of the candidates for special admission. The form and content of the assessment are determined by the Examination and Assessment Board based on the requirements of the job position being recruited, reported to the head of the agency or unit with the authority to recruit civil servants for consideration and decision before organizing the assessment;

c) The Examination and Assessment Board operates under the principle of collective decision-making by majority vote and self-dissolution upon completion of its tasks.

Article 9. Documents and procedures for special admission

1. Documents of the candidate proposed for special admission include:

a) Application form for civil servant recruitment according to Model No. 1 issued together with this Circular;

b) A self-written resume certified by the competent authority within six months from the date of submitting the application;

c) Copies of diplomas, certificates, and academic records required for the applied position, certified by the competent authority. If there are diplomas issued by foreign educational institutions, they must be notarized and translated into Vietnamese;

d) Health certificate valid for use, certified by a health agency meeting the examination requirements stipulated in Circular No. 13/2007/TT-BYT dated November 21, 2007, of the Ministry of Health on guiding health examinations;

đ) Self-assessment and evaluation report by the candidate for special admission regarding political qualities, ethics, professional qualifications, work experience, and any awards received (if applicable); a review and confirmation report by the head of the organization or unit where the candidate works, as specified in Point a Clause 1 Article 14 of Decree No. 29/2012/NĐ-CP;

2. The head of the agency or unit with the authority to recruit civil servants shall submit a request to the head of the agency managing civil servants to recognize the results of the special admission. The request must be signed by the head or deputy head of the agency or unit with the authority to recruit civil servants, specifying the job position to be recruited and attaching the minutes of the Examination and Assessment Board meeting and the documents of each eligible candidate for special admission.

3. The Personnel Department of Ministries, agencies equivalent to ministries, government agencies, or Provincial Departments of Home Affairs have the responsibility to review the special admission process before the head of the agency managing civil servants recognizes the results of the special admission.

4. Within twenty working days from the date of receiving the request, the head of the agency managing civil servants is responsible for directing the review and must issue a response; if no response is issued within the prescribed time limit, it will be considered as approval. If the documents are incomplete, within five working days from the date of receiving the request, the agency managing civil servants must issue a request for the agency or unit with the authority to recruit civil servants to supplement and complete the documents in accordance with regulations.

5. The agency managing civil servants is responsible for sending reports to the Ministry of Home Affairs on June 30 and December 31 each year regarding the results of special admissions for monitoring purposes and to serve inspection and supervision activities as stipulated by law.

Article 10. Cases Exempted from Probation Period Implementation

1. Successful candidates for civil servants shall be exempted from probation period implementation if they meet all the following conditions:

a) Having worked with mandatory social insurance contributions in the relevant field for at least twelve months;

b) During the time working with mandatory social insurance contributions as specified in Point a Clause 1 of this Article, having performed specialized tasks corresponding to the requirements of the recruited position.

2. If a recruited person has worked with mandatory social insurance contributions but does not meet all the conditions stipulated in Clause 1 of this Article, they must implement the probation period.

3. The time worked with mandatory social insurance contributions by the recruited person performing specialized tasks corresponding to the requirements of the recruited position (if any) shall be counted towards the next salary increase review and salary classification upon appointment.

Chapter II

WORK CONTRACTS

Article 11. Fixed-term Employment Contracts

1. A fixed-term work contract shall be concluded between the head of a public service entity and the successful candidate for a civil servant, except for cases prescribed in Points d and đ Clause 1 Article 58 of the Civil Servant Law and according to Model No. 2 issued together with this Circular.

2. For cases registering to apply for civil servant positions as stipulated in Clause 2 Article 1 of this Circular, if recruited as a civil servant, a fixed-term work contract shall be concluded according to Model No. 3 issued together with this Circular.

3. Based on job requirements, the position and the occupational title being recruited, the head of a public service entity decides on a specific term for concluding a fixed-term contract, but it shall not exceed thirty-six months.

Article 12. Indefinite-term Work Contracts

An indefinite-term work contract shall be concluded between the head of a public service entity and a person who has completed a fixed-term work contract and in cases where officials and civil servants are converted into civil servants as prescribed in Points d and đ Clause 1 Article 58 of the Civil Servant Law and according to Model No. 4 issued together with this Circular.

Article 13. Amendment of Work Contract Content

During the implementation of a work contract, if there is a change in the work contract content, both parties shall agree on the amended and supplemented contents and such amendments shall be carried out through signing an annex to the work contract or signing a new work contract.

Article 14. Termination of Work Contract When a Civil Servant Transfers to Another Agency or Entity

1. When a civil servant transfers to another agency or entity, the work contract with the current public service entity must be terminated.

2. The termination of the work contract must be documented in writing and confirmed by the civil servant and the head of the public service entity or the competent authority that signed the work contract. The termination document shall be made in two copies, each party keeping one copy.

Article 15. Signing Work Contracts for Civil Servants Transferring to New Public Service Entities

When a civil servant transfers to a new public service entity, the head of the public service entity or the competent authority recruiting the civil servant must sign a work contract with the civil servant and implement an appropriate salary system based on their capability, educational qualifications, work experience, salary progression, and social insurance contribution period.

Chapter III

COMPENSATION FOR TRAINING COSTS

Article 16. Compensation for Training Costs

1. Civil servants sent for training within and outside the country must compensate for training costs in accordance with Clause 4, Article 36 of Decree No. 29/2012/NĐ-CP.

2. Cases where civil servants are not required to compensate for training costs:

a) Civil servants who fail to complete the course due to illness requiring treatment, confirmed by a competent medical facility;

b) Civil servants who have not served the agreed service period and are transferred with the consent of a competent authority;

c) Public institutions unilaterally terminate contracts with civil servants when the institution is compelled to reduce its scale, has no remaining job positions, or ceases operations according to the decision of a competent authority.

Article 17. Costs and Calculation of Compensation for Training Costs

1. Compensation costs include tuition fees and all other expenses serving the course, excluding salary and allowances if any.

2. Method of calculating compensation costs:

a) For cases stipulated in Point a, Clause 4, Article 36 of Decree No. 29/2012/NĐ-CP, civil servants must compensate 100% of the training costs;

b) For cases stipulated in Point b, Clause 4, Article 36 of Decree No. 29/2012/NĐ-CP, civil servants must compensate 50% of the course costs;

c) For cases stipulated in Point c, Clause 4, Article 36 of Decree No. 29/2012/NĐ-CP, the compensation cost is calculated using the following formula:

S = (F / T1) x (T1 - T2)

Where:

- S is the compensation cost;

- F is the total cost of the course;

- T1 is the required service time after completing the course (or courses), measured in months rounded off;

- T2 is the actual service time after training, measured in months rounded off.

Article 18. Decision on Payment and Recovery of Compensation for Training Costs

1. The head of public institutions decides and is responsible for their own decisions regarding the amount of compensation for training costs of civil servants as prescribed.

2. Recovery of compensation for training costs

a) Within the latest thirty days from the date of receipt of the decision on compensation for training costs issued by the head of the public institution, civil servants who are required to compensate must fully pay the compensation amount to the public institution.

b) The compensation for training costs of civil servants must be collected and deposited into the institution's account at the State Treasury and managed and used in accordance with the law.

c) In cases where civil servants who are required to compensate for training costs do not fulfill their compensation obligations, the issuing agency or unit will not process any benefits or policies and has the right to initiate legal proceedings as prescribed by law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19. Effective Date

Article 4. This Circular takes effect from February 15, 2013.

2. The following consolidated documents are abolished:

a) Circular No. 10/2004/TT-BNV dated February 19, 2004, of the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government on recruitment, use, and management of cadres and civil servants in state-owned public institutions;

b) Circular No. 04/2007/TT-BNV dated June 21, 2007, of the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government and Decree No. 121/2006/NĐ-CP dated October 23, 2006, of the Government amending and supplementing certain provisions of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government on recruitment, use, and management of cadres and civil servants in state-owned public institutions;

c) Circular No. 02/2008/TT-BNV dated March 3, 2008, of the Ministry of Home Affairs amending Point b, Clause 1, Section I of Circular No. 04/2007/TT-BNV dated June 21, 2007, of the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government and Decree No. 121/2006/NĐ-CP dated October 23, 2006, of the Government amending and supplementing certain provisions of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government on recruitment, use, and management of cadres and civil servants in state-owned public institutions.

d) Regulations on resignation and compensation for training costs for civil servants as stipulated in Circular No. 130/2005/TT-BNV dated December 7, 2005, of the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 54/2005/NĐ-CP on resignation regulations and compensation for training costs for cadres and civil servants.

Article 20. Responsibility for Implementation

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