Decree No. 161/2018/ND-CP Amending and Supplementing Certain Provisions on Recruitment of Civil Servants and Public Officials, Promotion of Civil Servant Ranks, Advancement of Public Official Ranks, and Implementation of Employment Contracts for Certain Types of Work in Administrative State Agencies and Public Service Units

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 161/2018/NĐ-CP	Hanoi, November 29, 2018

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS ON THE RECRUITMENT OF CIVIL SERVANTS AND PUBLIC OFFICIALS, PROMOTION OF CIVIL SERVANT RANKS, PROMOTION OF PUBLIC OFFICIAL RANKS, AND IMPLEMENTATION OF CONTRACT REGIME FOR SOME TYPES OF WORK IN ADMINISTRATIVE STATE ORGANIZATIONS AND PUBLICLY ESTABLISHED INSTITUTIONS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Administration Organization dated June 19, 2015;

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

Pursuant to the Law on Public Officials dated November 15, 2010;

Pursuant to the Labor Code dated August 16, 2012;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree amending and supplementing certain provisions on the recruitment of civil servants and public officials, promotion of civil servant ranks, promotion of public official ranks, and implementation of contract regime for some types of work in administrative state organizations and publicly established institutions.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.

Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants

a) Amending and supplementing Point c Clause 2 as follows:

Article 4. Conditions for registering to apply for civil servant positions

Conditions for registering to apply for civil servant positions shall be implemented in accordance with Clause 1 of Article 36 of the Law on Cadres and Civil Servants. The agency using civil servants shall determine other conditions based on the requirements of the position being applied for as stipulated in Point g of Clause 1 of Article 36 of the Law on Cadres and Civil Servants, but such conditions must not contravene the law, must not discriminate against different types of education, diplomas, certificates, public schools, and non-public schools, and must be reported to the competent authority for approval before recruitment.

2. Amending and supplementing Clause 5 as follows:

Article 5. Priority in recruiting civil servants

1. Priority objects and points in competitive examinations or selection examinations for civil servants:

a) Heroes of the Armed Forces, Heroes of Labor, war invalids, persons enjoying benefits equivalent to war invalids, war invalids category B: shall be granted 7.5 additional points to their examination results at the second round;

b) Ethnic minority people, military officers, police officers, professional soldiers, personnel from the confidential service who have transferred to another sector, children of martyrs, children of war invalids, children of disabled veterans, children of persons enjoying benefits equivalent to war invalids, children of war invalids category B, children of persons who participated in revolutionary activities prior to the general uprising (before August 19, 1945), children born to persons affected by toxic chemicals during the resistance war, children of Heroes of the Armed Forces, children of Heroes of Labor: shall be granted 5 additional points to their examination results at the second round;

c) Persons who have completed their military service obligations, served for a limited period in the People's Police force, been members of volunteer youth teams, or participated as young intellectuals in rural and mountainous development for at least 24 months and have fulfilled their tasks: shall be granted 2.5 additional points to their examination results at the second round.

2. In cases where candidates for competitive examinations or selection examinations for civil servants fall under multiple priority categories as specified in Clause 1 of this Article, they shall only be granted the highest priority points to their examination results at the second round as stipulated in Clause 2 of Article 8 and Clause 2 of Article 12 of this Decree.

3. Amend and supplement Clause 2 of Article 7 as follows

Article 7. Recruitment Examination Board for Civil Servants

2. The Recruitment Examination Board operates on the principle of collective decision-making by majority vote. In case of equal votes, the decision shall be made according to the opinion of the Chairman of the Recruitment Examination Board. The Recruitment Examination Board has the following duties and powers:

a) Establish working committees:

For competitive examinations: Establish the Question Committee, the Supervision Committee, the Sealing Committee, the Marking Committee, the Re-examination Committee, and the Assessment Committee when conducting interviews at the second round.

For selection examinations: Establish the Application Review Committee and the Assessment Committee to conduct interviews at the second round.

b) Organize the collection of examination fees and use them according to regulations;

c) Organize examinations; mark examinations; score interview results (in cases where there is an interview at the second round); check application forms when conducting selection examinations;

d) Within ten days after completing the marking of examinations, the Recruitment Examination Board must report to the head of the competent authority for the recruitment of civil servants the examination results or selection results for review and decision on recognizing the examination results or selection results;

đ) Resolve complaints and denunciations during the organization of competitive examinations or selection examinations.

4. Amend and supplement Articles 8, 9, and 10 to become Article 8 as follows:

Article 8. Content, form, and time of competitive examinations for civil servants

Competitive examinations for civil servants shall be conducted in two rounds as follows:

1. Round 1: Multiple-choice test conducted through computer-based testing. In cases where the competent authority for the recruitment of civil servants does not have the conditions to organize computer-based testing, the multiple-choice test shall be conducted on paper.

a) The content of the multiple-choice test includes three parts

Part I: General knowledge 60 questions on the political system, organizational structure of the Party, State, and political-social organizations; administrative management of the State; civil servants, public service; policies and laws of the State regarding the industry and field of recruitment; responsibilities and tasks of civil servants according to the requirements of the job position being applied for. Examination time: 60 minutes.

Part II: Foreign language 30 questions in one of five languages: English, Russian, French, German, Chinese, or another language as required by the job position determined by the head of the agency authorized to recruit civil servants. Examination time: 30 minutes. For positions requiring expertise in foreign languages, candidates are not required to take the foreign language examination in the first round as specified in this Article.

Part III: Information technology 30 questions according to the requirements of the job position. Examination time: 30 minutes. For positions requiring expertise in information technology, candidates are not required to take the information technology examination in the first round as specified in this Article.

In cases where the examination is conducted on computers, the multiple-choice test will not include an information technology section.

b) Exemption from the foreign language examination (first round) for the following cases:

Holders of bachelor's or graduate degrees in foreign languages;

Holders of bachelor's or graduate degrees obtained abroad or at domestic institutions that offer programs in foreign languages;

Candidates applying for civil servant positions in ethnic minority regions who are ethnic minorities or have certificates in ethnic minority languages recognized by the competent authority.

c) Exemption from the information technology examination (first round) for those holding bachelor's or higher degrees in information technology, computer science, or mathematics-computer science.

d) The results of the first round examination are determined based on the number of correct answers for each section as specified in point a, Clause 1 of this Article. If the candidate answers correctly 50% or more of the questions in each section, they are eligible to proceed to the second round as stipulated in Clause 2 of this Article.

đ) In cases where the agency authorized to recruit civil servants conducts the first round examination on computers, the results must be announced to the candidates immediately after completing the examination on the computer; there shall be no re-examination of the results of the first round examination conducted on computers.

e) In cases where the agency authorized to recruit civil servants conducts the first round examination on paper, the marking process shall be carried out as follows:

The marking of the first round examination must be completed within 15 days from the end date of the first round examination;

Within 05 working days from the end date of the marking of the first round examination, the results of the examination must be published for the candidates to know, and the announcement of the acceptance of appeal forms must be made through the official website of the agency authorized to recruit civil servants within 15 days from the date of announcing the examination results;

In cases where appeal forms are submitted, the re-marking must be completed within 15 days from the end date of the appeal period, and the results of the re-marking must be published for the candidates to know.

Based on practical conditions during the marking process, the head of the agency authorized to recruit may decide to extend the deadlines for implementing the tasks specified herein but not exceeding 15 days.

g) Within 05 working days from the end date of the marking of the first round examination as specified in points đ and e of this Clause, the head of the agency authorized to recruit must announce the summoning of candidates for the second round examination.

Within 15 days from the date of announcing the summoning of candidates for the second round, the second round examination must be organized.

2. Second Round: Professional Subject Examination

a) Content of the examination: Knowledge, ability, and skills in performing public duties of the candidate for civil servant positions according to the requirements of the job positions to be recruited.

In the same recruitment period, if there are different job positions requiring different specialties and professions, the agency authorized to recruit civil servants must organize the construction of different professional subject examinations to ensure compliance with the requirements of the job positions to be recruited.

b) Examination format: Interview or written examination.

The head of the agency authorized to recruit civil servants decides whether to conduct an interview or written examination. In cases where the second round is organized in the form of an interview, there shall be no re-examination.

c) Grading scale (interview or written examination): 100 points.

d) Examination time: 30 minutes for interviews, 180 minutes for written examinations.”

5. Amend and supplement Article 11 as follows:

"Article 11. Determination of Successful Candidates in Civil Service Recruitment Examinations

1. Successful candidates in civil service recruitment examinations must meet the following conditions:

a) Achieve a score of 50 points or higher in the second round examination as specified in Clause 2 of Article 8 of this Decree;

b) Have a combined score from the second round examination as specified in Clause 2 of Article 8 of this Decree plus any priority points as specified in Clause 1 of Article 5 of this Decree (if applicable), which is higher than the other candidates in descending order within the recruitment quota for each job position.

2. In cases where two or more candidates have the same combined score from the second round examination as specified in Clause 2 of Article 8 of this Decree plus any priority points as specified in Clause 1 of Article 5 of this Decree (if applicable) at the last recruitment quota, the candidate with the higher score in the second round examination is considered the successful candidate; if still unable to determine, the head of the agency authorized to recruit civil servants shall decide the successful candidate.

3. Candidates who are not successful in the civil service recruitment examinations are not entitled to retain their examination results for future recruitment examinations.”

6. Amend and supplement Articles 12 and 13 to become Article 12 as follows:

"Article 12. Content and Format of Civil Service Recruitment Review

Civil service selection is conducted in two rounds as follows:

1. First Round

Check the eligibility and criteria of the candidates according to the requirements of the job positions registered in the Application Form, if suitable, the candidates are eligible to participate in the second round as specified in Clause 2 of this Article.

Within 05 working days from the end date of checking the eligibility and criteria of the candidates in the first round, the head of the agency authorized to recruit must announce the summoning of candidates for the second round interview.

Within 15 days from the date of announcing the summoning of candidates for the second round, the second round interview must be organized.

2. Second Round

a) Interview to assess the capability and professional qualifications of the candidates.

b) Interview scores are calculated on a scale of 100 points.

c) Interview duration: 30 minutes.

d) Not to conduct a review of the interview results.”

7. Amend and supplement Article 14 as follows:

“Article 14. Determining Successful Candidates in the Examination Period for Civil Servants

1. Successful candidates in the civil service selection period must meet the following conditions:

a) Having an interview score at the second round as stipulated in Clause 2, Article 12 of this Decree reaching 50 points or higher;

b) Have a combined score from the second round examination as specified in Clause 2 of Article 8 of this Decree plus any priority points as specified in Clause 1 of Article 5 of this Decree (if applicable), which is higher than the other candidates in descending order within the recruitment quota for each job position.

2. In cases where two or more candidates have the same interview score as stipulated in Clause 2, Article 12 of this Decree plus the priority points as stipulated in Clause 1, Article 5 of this Decree (if applicable) at the final recruitment quota, the candidate with a higher interview score at the second round as stipulated in Clause 2, Article 12 of this Decree shall be the successful candidate; if still unable to determine, the head of the agency authorized to recruit civil servants shall decide on the successful candidate.

3. A candidate who does not succeed in the examination period for civil servants shall not retain the examination results for subsequent examination periods.”

8. Amend and supplement Article 15 as follows:

“Article 15. Announcing Recruitment and Accepting Application Forms for Civil Servant Recruitment

1. The agency authorized to recruit civil servants must publicly announce at least once through mass media, on its website, and post publicly at its office regarding the standards, conditions, number of positions needed, deadlines, and locations for accepting application forms from applicants.

2. Applicants for civil servant recruitment submit the application form directly according to the model issued along with this Decree at the designated location for receiving application forms or send it via postal service.

3. The deadline for receiving application forms from applicants is thirty days from the date of public announcement of recruitment through mass media or on the website of the agency authorized to recruit civil servants.

4. At least five working days before organizing the examination or recruitment, the agency authorized to recruit civil servants must establish a list of eligible candidates and publicly post it at the office of the agency.”

9. Amend and supplement Article 16 as follows:

“Article 16. Organizing Recruitment of Civil Servants

1. The head of the agency authorized to recruit civil servants decides to establish a Recruitment Board to organize the recruitment process. In case of not establishing a Recruitment Board, the head of the agency authorized to recruit civil servants assigns the organizational personnel department to carry out the task.

2. The Ministry of Home Affairs issues the Regulation on Organizing Civil Servant Examinations and Recruitment.”

10. Amend and supplement Article 17 as follows:

“Article 17. Announcing Recruitment Results for Civil Servants

1. Within ten days from the date of receiving the report on the second round results from the Recruitment Board or from the advisory department on organizational personnel in case of not establishing a Recruitment Board, the agency authorized to recruit civil servants must publicly post the examination or recruitment results and the tentative list of successful candidates at the office and on the website of the agency authorized to recruit civil servants; send the examination or recruitment result notification in writing to the applicant at the address registered by the applicant.

2. Within fifteen days from the date of publicly posting the second round results, the applicant has the right to submit a request for a review of the results in the case of the second round examination as stipulated in Clause 2, Article 8 of this Decree conducted in a written test format. The head of the agency authorized to recruit civil servants is responsible for organizing the re-evaluation and announcing the re-evaluation results within fifteen days from the end of the deadline for submitting review requests as stipulated herein.

3. After implementing the provisions of Clause 1 and Clause 2 of this Article, the head of the agency authorized to recruit civil servants reports to the civil servant management authority for approval of the recruitment results and sends a written notification recognizing the successful candidate's results to the applicant at the address registered by the applicant. The content of the notification must clearly state the deadline for the successful candidate to come to the agency authorized to recruit civil servants to present original certificates, transcripts, academic records, and priority objects as required by the position applied for to complete the application file in accordance with regulations and receive the recruitment decision.

4. In cases where the successful candidate fails to complete the application file as required or engages in fraudulent behavior in filling out the application form, or the agency authorized to recruit discovers that the successful candidate uses certificates improperly, the head of the agency authorized to recruit civil servants issues a decision to cancel the successful candidate's results and reports in writing to the head of the agency authorized to manage civil servants.

In cases of fraudulent behavior in filling out the application form or the agency authorized to recruit civil servants discovers that the successful candidate uses certificates improperly, the agency authorized to recruit civil servants publicly announces on mass media or on its website and will not accept application forms from the same candidate in the next recruitment period.

5. The head of the agency authorized to recruit civil servants decides to recognize the successful candidate for applicants whose recruitment results are immediately lower than the recruitment results of the successful candidate whose results were canceled according to Clause 4 of this Article or in cases where the agency authorized to recruit civil servants generates new recruitment needs in the same recruitment year for positions requiring the same major as the job position the applicant applied for in the recruitment year.

In cases where two or more candidates have the same immediately lower recruitment results, the head of the agency authorized to recruit civil servants decides the successful candidate according to the provisions of Clause 2, Article 11 of this Decree (in the case of organizing civil servant examinations) or the provisions of Clause 2, Article 14 of this Decree (in the case of organizing civil servant recruitment).”

11. Amend and supplement Article 19 as follows:

“Article 19. Special Cases in Civil Servant Recruitment

1. Based on the registration conditions for civil servant recruitment as stipulated in Clause 1, Article 36 of the Civil Servant Law and the requirements of the job position to be recruited, the head of the civil servant management agency may accept recruitment without examination for the following cases:

a) Cases where there have been at least five years of work experience in positions requiring a bachelor's degree or higher education level suitable for the position to be recruited for, with mandatory social insurance contributions (excluding probation and trial periods, if the time of work with mandatory social insurance contributions is not continuous and has not yet received a one-time social insurance benefit, such time can be accumulated), including:

Civil servants in public service units;

Personnel receiving salaries in armed forces (army, police) and those engaged in confidential work;

Individuals currently holding titles or positions in state-owned enterprises with 100% state capital or appointed as representatives of state capital holding management positions in enterprises with over 50% state capital.

b) Cases where they were cadres or civil servants at the district level or above, subsequently transferred or rotated to work in public service units, armed forces, confidential work, political-social-professional organizations, social organizations, social-professional organizations, or appointed to hold titles or positions in state-owned enterprises with 100% state capital or appointed as representatives of state capital holding management positions in enterprises with over 50% state capital.

2. The process for considering the acceptance of civil servants:

a) When accepting civil servants for the cases specified in point a, Clause 1 of this Article, the head of the civil servant management agency must establish an Examination and Assessment Board. The Examination and Assessment Board consists of five or seven members, including:

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

The Vice-Chairman of the Board is the head of the advisory department on organizational and cadre affairs of the civil servant management agency;

One member who also serves as the Secretary of the Board is a civil servant from the advisory department on organizational and cadre affairs of the civil servant management agency;

Other members are representatives of relevant specialized departments, determined by the head of the civil servant management agency;

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

Checking the conditions, standards, diplomas, and certificates of the person proposed for acceptance according to the requirements of the position to be recruited;

Assessing the general knowledge and professional competence of the person proposed for acceptance. The form and content of the assessment are based on the requirements of the position to be recruited, reported to the head of the civil servant management agency for consideration and decision before organizing the assessment;

The Examination and Assessment Board operates under the principle of collective decision-making, deciding by majority vote. In case of equal votes, the decision is made according to the opinion of the Chairman of the Examination and Assessment Board. The Examination and Assessment Board dissolves itself upon completion of its tasks.

c) When accepting civil servants for the cases specified in point b, Clause 1 of this Article, the head of the civil servant management agency does not need to establish an Examination and Assessment Board.

3. For the acceptance of civil servants for the cases specified in Clause 1 of this Article to appoint leadership and management positions at the department level or above, the process of accepting civil servants without examination as stipulated in Clause 2 of this Article is carried out simultaneously with the process of appointing civil servants to leadership and management positions. The competent authority managing civil servants does not need to issue a recruitment decision for civil servants without examination but the decision to accept and appoint simultaneously is the recruitment decision for civil servants.

4. In cases where personnel are recruited or accepted as civil servants according to this Decree and are arranged to work in accordance with their training majors or previous professional fields, the period of work with mandatory social insurance contributions before recruitment or acceptance as a civil servant (if the period of work with mandatory social insurance contributions is not continuous and has not yet received a one-time social insurance benefit, such time can be accumulated) is counted as the basis for ranking and determining appropriate salary grades for the recruited position.

12. Amend and supplement Clause 2 and Clause 4 of Article 20 as follows:

"Article 20. Probationary period for civil servants

2. The probationary period is defined as follows:

a) Twelve months for recruitment into Class C civil servants;

b) Six months for recruitment into Class D civil servants;

c) Time off for maternity leave under social insurance regulations, sick leave of fourteen days or more, unpaid leave, and time under detention, arrest, or suspension of duty as prescribed by law shall not be counted towards the probationary period.

4. The probationary period shall not be implemented for cases where there has been a period of work with mandatory social insurance contributions in accordance with the provisions of the law, arranged to work in accordance with their training majors or previous professional fields, and the period of work with mandatory social insurance contributions (if interrupted, it can be accumulated) is equal to or greater than the probationary period prescribed in Clause 2 of this Article."

13. Amend and supplement Clause 3 and add Clause 6 of Article 25 as follows:

"Article 25. Conditions and criteria for transferring village-level cadres and civil servants to civil servants at the district level or above

3. If they are village-level civil servants, they must have worked as village-level civil servants for at least sixty months (excluding the probationary period, if the period of work is not continuous and has not yet received a one-time social insurance benefit, such time can be accumulated).

6. For the acceptance of village-level cadres and civil servants to appoint leadership and management positions at the department level or above, the process of transferring village-level cadres and civil servants to civil servants at the district level or above is carried out simultaneously with the process of appointing civil servants to leadership and management positions. The competent authority managing civil servants does not need to issue a recruitment decision for civil servants without examination but the decision to accept and appoint simultaneously is the recruitment decision for civil servants.

In the case where officials and civil servants at the district level or higher are transferred or rotated to work as officials and civil servants at the commune level, when they are transferred or rotated back, it is not necessary to implement the examination transfer procedure as prescribed in this Article.

14. Amend and supplement Point a, add Point d Clause 3, and amend and supplement Clause 4 Article 29 as follows:

“Article 29. Basis, principles, standards, and conditions for participating in the examination to upgrade civil service grade

3. Civil servants are eligible to register for the examination to upgrade their grade if they meet all the following standards and conditions:

a) They have been evaluated and classified as having satisfactorily completed their tasks in the immediate preceding working year before the year of the examination to upgrade their grade; they possess good political and moral qualities; and they are not under disciplinary action or being considered for disciplinary action by the competent authority.

d) Civil servants participating in the examination to upgrade their grade must have held the immediately lower grade for at least one year (12 months) up to the deadline for submitting registration forms for the examination to upgrade their grade.

4. The civil service management agency shall be responsible under the law for the standards and conditions of civil servants nominated to participate in the examination to upgrade their grade and shall retain and manage the registration files of candidates in accordance with the provisions of the law.

15. Amend and supplement Article 30 as follows:

“Article 30. Assignment and organization of examinations to upgrade civil service grades

1. Examination to upgrade from the specialist officer grade or equivalent to the senior specialist officer grade or equivalent

a) Examination to upgrade from the specialist officer grade to the senior specialist officer grade

The Ministry of Home Affairs shall take the lead in organizing the examination to upgrade civil service grades from the specialist officer grade to the senior specialist officer grade in state agencies and public institutions of the State.

The Central Organization Commission shall take the lead and coordinate with the Ministry of Home Affairs to organize the examination to upgrade civil service grades from the specialist officer grade to the senior specialist officer grade in agencies and public institutions of the Communist Party of Vietnam and political-social organizations.

b) Examination to upgrade civil service grades in equivalent specialist officer positions to equivalent senior specialist officer positions

The civil service grade management agency of the Party shall take the lead and coordinate with the Central Organization Commission; ministries and ministerial-level agencies managing civil service grades shall take the lead and coordinate with the Ministry of Home Affairs to organize the examination to upgrade civil service grades in equivalent specialist officer positions to equivalent senior specialist officer positions in accordance with this Decree.

2. Examination to upgrade from the officer grade or equivalent to the specialist officer grade or equivalent

The civil service management agency as stipulated in Clause 2 Article 2 of this Decree shall take the lead in organizing the examination to upgrade grades after receiving comments on the content of the project and upgrading quotas from the Ministry of Home Affairs (for civil servants in state agencies and public institutions of the State) or the Central Organization Commission (for civil servants in agencies and public institutions of the Communist Party of Vietnam and political-social organizations).

3. Examination to upgrade from the staff officer grade to the assistant officer grade or equivalent; from the staff officer, assistant officer grade or equivalent to the officer grade or equivalent

The civil service management agency as stipulated in Clause 2 Article 2 of this Decree shall take the lead in organizing the examination to upgrade grades after receiving comments on the upgrading quotas from the Ministry of Home Affairs (for civil servants in state agencies and public institutions of the State) or the Central Organization Commission (for civil servants in agencies and public institutions of the Communist Party of Vietnam and political-social organizations).

4. The Ministry of Home Affairs shall provide detailed guidelines on the rules and regulations for organizing examinations to upgrade civil service grades.

16. Amend and supplement Article 33 and Article 34 as follows:

“Article 33. Subjects, formats, and duration of examinations to upgrade grades

Examinations to upgrade civil service grades shall be conducted in two rounds as follows:

1. Round 1: Multiple-choice test conducted through computer-based testing. If the competent authority organizing the examination to upgrade civil service grades does not have the conditions to conduct computer-based testing, the multiple-choice test will be conducted on paper.

a) The content of the multiple-choice test includes three parts:

Part I: General knowledge 60 questions on the political system, organizational structure of the Party and State, political-social organizations; administrative management of the State; civil servants, public service; Party guidelines, State policies and laws regarding the sector or field; duties and responsibilities of civil servants according to the standards of the rank being applied for. Examination time: 60 minutes.

Part II: Foreign language 30 questions in one of five languages: English, Russian, French, German, or Chinese, as required by the rank being applied for. Examination time: 30 minutes.

Part III: Information technology 30 questions as required by the rank being applied for. Examination time: 30 minutes.

In cases where the examination is conducted on computers, the multiple-choice test will not include an information technology section.

b) Exemption from the foreign language examination (first round) for the following cases:

Being at least 55 years old for males and at least 50 years old for females;

Civil servants working in ethnic minority areas are ethnic minorities or have certificates in ethnic minority languages issued by training institutions authorized to do so;

Holding a graduation certificate in a foreign language at the same level of education or higher than the specialized vocational education level specified in the standards of the rank being applied for;

Holding a graduation certificate meeting the educational requirements or at a higher level than the specialized vocational education level specified in the standards of the rank being applied for, obtained through study abroad or in a foreign language in Vietnam.

c) Exempting the information technology test (round 1) for those holding a graduation certificate from a junior college majoring in information technology, computer science, mathematics-computer science or higher;

d) The results of round 1 are determined based on the number of correct answers for each section, if the number of correct answers reaches 50% or more of the total questions in each section, the civil servant candidate will be eligible to take round 2 as stipulated in this Article;

đ) In cases where the competent authority organizing the civil servant promotion examination conducts round 1 on computers, they must immediately notify the candidates of their results after completing the examination on the computer; there shall be no re-examination of the results of round 1 conducted on computers;

e) In cases where the competent authority organizing the civil servant promotion examination conducts round 1 on paper, the marking process shall be carried out as follows:

The marking of the first round examination must be completed within 15 days from the end date of the first round examination;

Within the latest 05 working days after the completion of marking round 1, the results of the examination scores must be announced for the candidates to know, and the notice of accepting appeals within 15 days from the date of announcing the examination scores on the electronic portal of the competent authority organizing the civil servant promotion examination must be published;

If there are appeal requests, the marking of appeals must be completed within the latest 15 days after the deadline for receiving appeal requests, and the results of the appeal marking must be announced for the candidates to know;

g) Within the latest 05 working days after the completion of marking round 1 as stipulated in points đ and e of this clause, the competent authority organizing the civil servant promotion examination must issue a notification to summon candidates eligible to take round 2;

Within the latest 15 days after issuing the notification summoning candidates eligible to take round 2, the organization of round 2 must be carried out;

2. Round 2: Subject-specific examination:

a) For promotion to Senior Specialist or equivalent: Writing a project proposal, with a duration of 08 hours, and defending the project proposal, with a maximum duration of 30 minutes according to the requirements of the rank being applied for, with a score scale of 100 for each part of the examination;

b) For promotion to Chief Specialist or equivalent: Written examination, with a duration of 180 minutes according to the requirements of the rank being applied for, with a score scale of 100;

c) For promotion to Cadre, Specialist or equivalent: Written examination, with a duration of 120 minutes according to the requirements of the rank being applied for, with a score scale of 100.

Article 34. Determining Successful Candidates, Announcing Examination Results, and Appointing to Civil Service Ranks

1. Determining successful candidates in the civil service rank promotion examination

a) For the examination to promote to Senior Specialist or equivalent rank:

The successful candidate in the examination to promote to Senior Specialist or equivalent rank must have a total score of 100 points or higher for the subject and professional knowledge test at the second round as stipulated in Clause 2, Article 33 of this Decree (in which the score for the written proposal and defense sections must be 50 points or higher for each section), ranked from highest to lowest within the scope of the promotion quota.

In cases where two or more candidates have the same score at the final promotion quota, the priority order for determining successful candidates shall be as follows: female candidates; ethnic minority candidates; older candidates (calculated based on date, month, and year of birth); if they are of the same age, then the candidate with longer years of service will be the successful candidate.

If it is still not possible to determine, the head of the agency authorized to organize the civil service rank promotion examination shall decide on the successful candidate based on the recommendation of the head of the civil service management agency.

b) For the examination to promote to Chief Specialist, Specialist, Clerk, or equivalent rank:

The successful candidate in the examination to promote to Chief Specialist or equivalent rank, Specialist or equivalent rank, Clerk or equivalent rank must have a score of 50 points or higher for the subject and professional knowledge test at the second round as stipulated in Clause 2, Article 33 of this Decree, ranked from highest to lowest within the scope of the promotion quota. In cases where two or more candidates have the same score at the final promotion quota, the determination of successful candidates shall be carried out as provided in point a of this clause.

c) The results of subsequent rank promotion examinations will not be retained.

2. Announcing the results of the rank promotion examination

a) Within ten days from the completion of marking the second round, the Examination Board for the civil service rank promotion examination must report to the agency authorized to organize the civil service rank promotion examination about the examination marking results and send a written notification to the civil service management agency regarding the scores of civil servants participating in the rank promotion examination so that the candidates can be informed.

b) Within fifteen days from the announcement of the second round examination results, civil servants participating in the examination have the right to submit a request for a re-examination of the written test results of the second round. The Examination Board for the civil service rank promotion examination is responsible for organizing the re-examination and announcing the re-examination results no later than fifteen days after the deadline for submitting re-examination requests as stipulated in this clause.

c) After implementing the provisions in points a and b of this clause, the Examination Board for the civil service rank promotion examination reports to the agency authorized to organize the civil service rank promotion examination to approve the examination results and list of successful candidates. No later than five working days from the date of the decision approving the examination results by the head of the agency authorized to organize the civil service rank promotion examination, the Examination Board for the civil service rank promotion examination is responsible for notifying the examination results and list of successful candidates in writing to the civil service management agency where the civil servants participated in the examination.

3. Appointing to civil service ranks

a) No later than fifteen days from the receipt of the list of successful candidates in the civil service rank promotion examination, the head of the civil service management agency issues a decision appointing the rank and setting the salary for the successful candidates according to regulations.

b) For the examination to promote to Senior Specialist or equivalent rank, the head of the civil service management agency issues a decision appointing the rank and setting the salary for the successful candidates after obtaining the consensus opinion of the Ministry of Home Affairs (for state agencies and state-owned public institutions) or the Central Organization Committee (for public institutions and political-social organizations under the Communist Party of Vietnam) regarding the appointment, salary setting, and early promotion of civil servants in the Senior Specialist or equivalent rank.

17. Amend and supplement Clause 3, Clause 5, and Clause 6 of Article 48 as follows:

"Article 48. Tasks and Authorities of the Ministry of Home Affairs

3. Guide and inspect the implementation of civil service rank positions, standards, and structure; issue and guide the implementation of regulations on civil service recruitment examinations, selection, and promotion examination regulations, examination rules, promotion examination rules, civil servant evaluation regulations, training programs according to rank standards, training and development programs according to leadership and management position standards.

5. Manage the quantity and structure of civil service ranks.

6. Provide opinions to the civil service management agency on the appointment, salary setting, and early promotion of civil servants in the Senior Specialist or equivalent rank."

18. Amend and supplement Clause 1, Clause 3, Clause 4, Clause 6, and Clause 7 of Article 49 as follows:

"Article 49. Tasks and Authorities of Ministries, Agencies Equivalent to Ministries, Government Agencies, and Organizations Established by the Government or Prime Minister That Are Not Public Service Enterprises

1. Manage the quantity, standards, recruitment, and utilization of civil servants within their assigned management scope; decide on regular pay grade increases and seniority allowances exceeding the standard range for civil servants in the Senior Specialist or equivalent rank; base on the opinion of the Ministry of Home Affairs regarding conditions and standards as prescribed, decide on appointments, salary settings, and early promotions for civil servants in the Senior Specialist or equivalent rank; appoint ranks, set salaries, increase pay grades, and seniority allowances exceeding the standard range for civil servants in the Chief Specialist or equivalent rank and below.

3. Decide on the list and quantity of job positions; manage job positions and civil servant quotas according to assigned management scopes and as prescribed by the Party and laws.

4. Manage specialized knowledge and skill training programs within their managed sectors.

6. Issue Circulars specifying job codes, professional standards, and salary grading for civil service ranks within their managed sectors after obtaining the consensus opinion of the Ministry of Home Affairs."

7. The organization shall conduct examinations to promote civil servants to the equivalent rank of senior specialist according to the management and examination promotion regulations for civil servants within their jurisdiction as stipulated in Article 30 of this Decree.

19. Amend and supplement Clause 1, Clause 3, and Clause 4 of Article 50 as follows:

"Article 50. Tasks and Authorities of the People's Committee of Provinces and Cities under Central Government Direct Control

1. Manage the quantity, standards, recruitment, and utilization of civil servants within their jurisdiction according to the division of responsibilities; decide on regular salary increments and seniority allowances exceeding the ceiling for civil servants at the senior specialist rank and equivalent ranks; based on the opinions of the Ministry of Home Affairs regarding conditions and standards as prescribed, decide on appointment, salary grading, early promotion of salary grades for civil servants at the senior specialist rank or equivalent ranks; appoint ranks, grade salaries, promote salary grades, and grant seniority allowances exceeding the ceiling for civil servants at the principal specialist rank or lower equivalent ranks.

3. Decide on the list and quantity of job positions; manage job positions and civil servant quotas according to assigned management scopes and as prescribed by the Party and laws.

4. Conduct examinations to promote civil servants within their jurisdiction according to the provisions set forth in Article 30 of this Decree.

Article 2. Amend and supplement some articles of Decree No.

Decision No. 29/2012/NĐ-CP dated April 12, 2012, of the Government on Recruitment, Utilization, and Management of Civil Servants

3. Amending and supplementing Clause 5 of Article 4 as follows:

"Article 4. Conditions for Registering to Apply for Civil Service Positions

2. Agencies and units authorized to recruit civil servants as stipulated in Clause 1 of Article 24 of the Civil Servant Law may supplement other conditions based on the requirements of the job position as specified in Point g, Clause 1 of Article 22 of the Civil Servant Law, but such conditions must not contravene the provisions of the law and must not discriminate against types of training, diplomas, certificates, public schools, or non-public schools.

2. Amending and supplementing Clause 3 of Article 6 as follows:

"Article 6. Recruitment Examination Board for Civil Servants

3. The Recruitment Examination Board operates on the principle of collective decision-making, with decisions made by majority vote. In cases where there is an equal number of votes, the decision is made according to the opinion of the Chairman of the Recruitment Examination Board. The Recruitment Examination Board has the following tasks and authorities:

a) Establish working committees:

For competitive examinations: Establish the Question Committee, the Supervision Committee, the Sealing Committee, the Marking Committee, the Re-examination Committee, and the Assessment Committee when conducting interviews at the second round.

For selection: Establish a Registration Application Form Review Committee and an Assessment Committee to conduct interviews or practical assessments in the second round;

b) Organize the collection of examination fees and use them according to regulations;

c) Organize examinations; score examinations; score interview or practical assessment points; review registration application forms when selecting;

d) Within no more than ten days from the date of completing the examination scoring, the Recruitment Examination Board must report to the head of the agency or unit authorized to recruit civil servants the results of the examination or selection for consideration and decision on recognizing the examination or selection results;

đ) Resolve complaints and denunciations during the organization of competitive examinations or selection examinations.

3. Amend and supplement Articles 7, 8, and 9 to become Article 7 as follows:

"Article 7. Content, Form, and Time of Civil Service Recruitment Examinations

Civil service recruitment examinations are conducted in two rounds as follows:

1. Round 1: A multiple-choice test conducted through computer-based testing. If the agency or unit authorized to recruit civil servants does not have the conditions to organize computer-based testing, then the multiple-choice test will be conducted on paper.

a) The content of the multiple-choice test includes three parts:

Part I: General knowledge consisting of 60 questions on civil servant laws; Party policies and State laws and basic understanding of the profession or field of recruitment; duties and responsibilities of civil servants according to the requirements of the applied job position. Duration of the test is 60 minutes.

Part II: Foreign Languages 30 questions are in one of five languages: English, Russian, French, German, Chinese, or another language as required for the position by the head of the agency or unit authorized to recruit civil servants. The examination time is 30 minutes. For positions requiring specialized foreign language skills, candidates are exempt from taking the foreign language test in the first round as stipulated in this Article.

Part III: Information technology 30 questions according to the requirements of the job position. Examination time: 30 minutes. For positions requiring expertise in information technology, candidates are not required to take the information technology examination in the first round as specified in this Article.

In cases where the examination is conducted on computers, the multiple-choice test will not include an information technology section.

b) Exemption from the foreign language examination (first round) for the following cases:

Holders of bachelor's or graduate degrees in foreign languages;

Holders of bachelor's or graduate degrees obtained abroad or at domestic institutions that offer programs in foreign languages;

Candidates applying for civil service positions in ethnic minority regions must be ethnic minorities or have certificates in ethnic minority languages recognized by the competent authority.

c) Exemption from the information technology examination (first round) for those holding bachelor's or higher degrees in information technology, computer science, or mathematics-computer science.

d) The results of the first round examination are determined based on the number of correct answers for each section as specified in point a, Clause 1 of this Article. If the candidate answers correctly 50% or more of the questions in each section, they are eligible to proceed to the second round as stipulated in Clause 2 of this Article.

d) In cases where the agency or unit authorized to recruit civil servants organizes the first round examination on computers, they must immediately notify the examinees of the results after completing the computer-based examination; there shall be no re-examination of the results of the first round computer-based examination.

e) In cases where the agency or unit authorized to recruit civil servants organizes the first round examination on paper, the marking process shall be carried out as follows:

The marking of the first round examination must be completed within 15 days from the end date of the first round examination;

Within the latest five working days after the completion of the first round examination marking, the results of the examination scores must be announced for the examinees to know, and the notice of accepting appeals within fifteen days from the date of announcing the examination scores on the electronic portal of the agency or unit authorized to recruit civil servants must be issued.

In cases where appeal forms are submitted, the re-marking must be completed within 15 days from the end date of the appeal period, and the results of the re-marking must be published for the candidates to know.

Based on practical conditions during the organization of the examination marking, the head of the agency or unit authorized to recruit civil servants decides to extend the implementation period of the tasks specified in this point but not exceeding fifteen days.

g) Within the latest five working days after the completion of the first round examination marking as stipulated in points d and e of this clause, the head of the agency or unit authorized to recruit civil servants must notify the summoning of examinees for the second round.

Within 15 days from the date of announcing the summoning of candidates for the second round, the second round examination must be organized.

2. Second Round: Professional Subject Examination

a) Examination Content: Professional knowledge, abilities, and skills of candidates for civil servant positions according to the requirements of the positions to be recruited.

In the same recruitment examination period, if there are different positions with varying professional and vocational requirements, the agency or unit authorized to recruit civil servants shall organize the construction of different subject examinations ensuring suitability with the requirements of the positions to be recruited.

b) Examination Form: Interview, practical work, or written examination.

The head of the agency or unit authorized to recruit civil servants decides on one of the examination forms: interview, practical work, or written examination at this second round, appropriate to the nature of professional activities and the requirements of the positions to be recruited. In cases where the second round examination is conducted in the form of an interview, there will be no re-examination of the results of the second round examination.

c) Grading Scale (for interviews, practical work, or written examination): 100 points.

d) Examination time: 30 minutes for interviews, 180 minutes for written examinations.”

4. Amend and supplement Article 10 as follows:

"Article 10. Determination of Successful Candidates in Civil Service Recruitment Examinations

1. Successful candidates in civil service recruitment examinations must meet the following conditions:

a) Achieve a score of 50 points or higher in the second round examination as stipulated in Clause 2 of Article 7 of this Decree.

b) Have a combined score of the second round plus any priority points as stipulated in Clause 3 of this Article (if applicable), which is higher than the last candidate selected in the recruitment quota for each position, ranked from highest to lowest.

2. In cases where two or more candidates achieve the same combined score in the second round examination as stipulated in Clause 2 of Article 7 of this Decree plus any priority points as stipulated in Clause 3 of this Article (if applicable) at the final recruitment quota, the candidate with the higher score in the second round examination is the successful candidate; if still undetermined, the head of the agency or unit authorized to recruit civil servants shall decide the successful candidate.

3. Priority objects and priority points in civil servant recruitment:

a) Heroes of the Armed Forces, Heroes of Labor, war invalids, persons enjoying benefits equivalent to war invalids, war invalids category B: shall be granted 7.5 additional points to their examination results at the second round;

b) Ethnic minority people, military officers, police officers, professional soldiers, personnel from the confidential service who have transferred to another sector, children of martyrs, children of war invalids, children of disabled veterans, children of persons enjoying benefits equivalent to war invalids, children of war invalids category B, children of persons who participated in revolutionary activities prior to the general uprising (before August 19, 1945), children born to persons affected by toxic chemicals during the resistance war, children of Heroes of the Armed Forces, children of Heroes of Labor: shall be granted 5 additional points to their examination results at the second round;

c) Persons who have completed their military service obligations, served for a limited period in the People's Police force, been members of volunteer youth teams, or participated as young intellectuals in rural and mountainous development for at least 24 months and have fulfilled their tasks: shall be granted 2.5 additional points to their examination results at the second round.

4. In cases where candidates for civil service recruitment belong to multiple priority categories as stipulated in Clause 3 of this Article, only the highest priority points are added to the second round examination score as stipulated in Clause 2 of this Article.

5. Candidates who are not successful in civil service recruitment examinations are not eligible to retain their examination results for future recruitment examinations."

5. Amend and supplement Articles 11 and 12 to become Article 11 as follows:

"Article 11. Content and Forms of Civil Service Recruitment Assessment

Civil service recruitment assessment is implemented in two rounds as follows:

1. First Round

Checking the qualifications and standards of candidates registered in the Application Form for Recruitment according to the requirements of the positions, if suitable, the candidates are allowed to participate in the second round as stipulated in Clause 2 of this Article.

Within the latest five working days after the completion of the first round qualification and standard checking of candidates, the head of the agency or unit authorized to recruit civil servants must notify the summoning of candidates for the second round.

Within the latest fifteen days after the notification of summoning candidates for the second round, the second round assessment must be organized.

2. Second Round

a) Interview or practical work to assess the capabilities and professional qualifications of candidates.

The head of the agency or unit authorized to recruit civil servants decides on the form of interview or practical work at this second round, appropriate to the nature of professional activities and the requirements of the positions to be recruited.

b) Points for interviews or practical work are calculated on a scale of 100 points.

c) The interview time is 30 minutes; the duration of practical work is decided by the head of the agency or unit authorized to recruit civil servants.

d) There shall be no re-examination of the results of interviews or practical work."

6. Amend and supplement Article 13 as follows:

"Article 13. Determining successful candidates in the recruitment examination period

1. Successful candidates in the recruitment examination period must meet the following conditions:

a) Achieve a score of 50 points or higher in the interview or practical test as stipulated in Clause 2, Article 11 of this Decree;

b) Have a higher total score from round two plus any priority points specified in Clause 3, Article 10 of this Decree (if applicable), ranked in descending order within the recruitment quota for each position."

2. In case two or more persons have the same total score from the interview or practical examination results as stipulated in Clause 2, Article 11 of this Decree, combined with the priority points specified in Clause 3, Article 10 of this Decree (if applicable), at the final recruitment quota, the person with a higher score from the second round interview or practical examination as stipulated in Clause 2, Article 11 of this Decree shall be selected; if still unable to determine, the head of the agency or unit authorized to recruit civil servants shall decide on the selection.

3. In cases where candidates for civil servant recruitment fall under multiple priority categories as specified in Clause 3, Article 10 of this Decree, only the highest priority points shall be added to the examination results in the second round as stipulated in Clause 2 of this Article.

4. Persons not selected in the civil servant recruitment period shall not retain their examination results for subsequent recruitment periods.

7. Amend and supplement Article 14 as follows:

Article 14. Special cases in civil servant recruitment

1. Based on the conditions for registering to apply for civil servant positions as stipulated in Article 4 of this Decree and according to the requirements of the job positions to be recruited, the head of the agency or unit authorized to recruit civil servants may consider accepting into civil servant positions the following cases:

a) Cases where there have been at least five years of work experience in positions requiring a bachelor's degree or higher education level suitable for the position to be recruited for, with mandatory social insurance contributions (excluding probation and trial periods, if the time of work with mandatory social insurance contributions is not continuous and has not yet received a one-time social insurance benefit, such time can be accumulated), including:

Persons who have signed labor contracts in accordance with the provisions of the law to work in specialized jobs in public service units that self-finance regular expenses and investment costs, or public service units that self-finance regular expenses, or non-public service units;

Personnel receiving salaries in armed forces (army, police) and those engaged in confidential work;

Village-level cadres and civil servants;

Persons currently working in enterprises which are state-owned limited liability companies holding 100% of the charter capital or enterprises in which the state holds over 50% of the charter capital.

b) Persons with exceptional talent and aptitude suitable for job positions in fields such as culture, arts, sports, traditional trades.

c) Cases where they were previously cadres, civil servants, or civil servants, and subsequently agreed by the competent authority to transfer to work in armed forces, cryptologic services, political-social-professional organizations, social organizations, social-professional organizations, or enterprises in which the state holds over 50% of the charter capital.

2. Procedures for considering acceptance into civil servant positions

a) When considering acceptance into civil servant positions for the cases specified in point a and point b of Clause 1 of this Article, the head of the agency or unit authorized to recruit civil servants must establish an Examination Board. The Examination Board consists of 5 or 7 members, including:

The Chairman of the Board is the head or deputy head of the agency or unit authorized to recruit civil servants;

The Vice-Chairman of the Board is the head of the department responsible for organizational and cadre affairs in the agency or unit authorized to recruit civil servants;

One member serving as Secretary of the Board is from the department responsible for organizational and cadre affairs in the agency or unit authorized to recruit civil servants;

Other members are representatives of relevant specialized departments appointed by the head of the agency or unit authorized to recruit civil servants;

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

Checking the conditions, standards, diplomas, and certificates of the person proposed for acceptance according to the requirements of the position to be recruited;

Examinations on general knowledge and professional skills of the proposed acceptees shall be conducted. The form and content of the examinations shall be determined by the Examination Board based on the requirements of the job positions to be recruited, reported to the head of the agency or unit authorized to recruit civil servants for review and decision before organizing the examinations;

The Examination Board operates on the principle of collective decision-making, deciding by majority vote. In case of equal number of opinions, the decision shall be made according to the opinion of the Chairman of the Board. The Examination Board dissolves itself after completing its tasks.

c) The head of the agency or unit authorized to recruit civil servants decides within his/her authority or reports in writing to the head of the agency authorized to manage civil servants to unify the results of acceptance into civil servant positions as stipulated in Clause 1 of this Article before making the recruitment decision within his/her authority.

3. For the acceptance into civil servant positions for the cases specified in Clause 1 of this Article to appoint leadership and management positions at the department level or above in public service units, the procedures for accepting into civil servant positions as stipulated in Clause 2 of this Article shall be carried out concurrently with the procedures for appointing civil servants to leadership and management positions. The agency or unit authorized to manage civil servants does not need to issue a decision on acceptance into civil servant positions but the appointment decision is also the recruitment decision for civil servants.

4. In cases where persons recruited or accepted into civil servant positions in accordance with this Decree are assigned to work in the same field or profession as their previous training or specialization, the time of service with mandatory social insurance contributions prior to recruitment or acceptance into civil servant positions (if there is non-continuous service time with mandatory social insurance contributions and no lump-sum social insurance benefits have been received, it can be accumulated) shall be counted as the basis for determining salary according to the appropriate professional title corresponding to the recruited job position.

8. Amend and supplement Article 15 as follows:

Article 15. Announcement of Recruitment and Acceptance of Application Forms for Civil Servant Positions

1. The agency or unit authorized to recruit civil servants must publicly announce at least once through mass media, on the electronic information website, and publicly post at the workplace of the agency or unit authorized to recruit civil servants regarding the criteria, conditions, quantity needed, deadline, and location for receiving application forms from applicants.

2. Applicants for civil servant positions submit the application form directly according to the model issued together with this Decree at the designated location for receiving application forms or send it via postal service.

3. The deadline for receiving application forms from applicants is 30 days from the date of public announcement of recruitment through mass media and the electronic information website of the agency or unit authorized to recruit civil servants.

4. The agency or unit with the authority to recruit civil servants must prepare a list of individuals who meet the eligibility criteria for recruitment and publicly post it at the workplace of the agency or unit with the authority to recruit at least five working days before the examination or selection process is organized.

9. Amend and supplement Article 17 as follows:

Article 17. Announcing the results of civil servant recruitment

1. Within the latest ten days from the date of receiving the report on the second round results of the recruitment council, the agency or unit with the authority to recruit civil servants must publicly post the examination or selection results, and the tentative list of successful candidates at their workplaces and on their electronic information websites; send the examination or selection results notification in writing to the applicants at the addresses they have registered.

2. Within fifteen days from the date of publicly posting the second round results, the applicant has the right to submit a request for a re-examination of the examination results in case of the second round examination specified in Clause 2, Article 7 of this Decree through a written examination format. The head of the agency or unit with the authority to recruit civil servants is responsible for organizing the re-examination and announcing the re-examination results within the latest fifteen days from the end of the deadline for submitting re-examination requests as stipulated herein.

3. After implementing the provisions of Clauses 1 and 2 of this Article, the head of the agency or unit with the authority to recruit civil servants approves the recruitment results and sends a written notification recognizing the successful candidate's results to the applicant at the address the applicant has registered. The notification content must clearly state the deadline for the successful candidate to come to the agency or unit with the authority to recruit civil servants to present the original certificates, diplomas, academic records, and preferential objects according to the recruitment position requirements to complete the application file in accordance with regulations and sign the employment contract.

4. In cases where the successful candidate does not complete the application file in accordance with regulations or engages in fraudulent behavior in filling out the Application Registration Form, or if the agency or unit with the authority to recruit civil servants discovers that the successful candidate uses certificates or diplomas improperly, the head of the agency or unit with the authority to recruit civil servants shall issue a decision to nullify the successful candidate's results and submit a written report to the head of the agency with the authority to manage civil servants.

In cases of fraudulent behavior in filling out the Application Registration Form, or if the agency or unit with the authority to recruit civil servants discovers that the successful candidate uses certificates or diplomas improperly, the agency or unit with the authority to recruit shall publicly announce on mass media or on its electronic information website and will not accept the Application Registration Form in the next recruitment period.

5. The head of the agency or unit with the authority to recruit civil servants decides to recognize the results of the successful candidate for applicants whose recruitment results are immediately lower than those of the successful candidate whose results were nullified according to Clause 4 of this Article, or in cases where the agency or unit with the authority to recruit civil servants generates new recruitment needs in the same recruitment year for positions with training majors similar to the job positions the applicant applied for in the recruitment year.

In cases where two or more individuals have the same immediately lower recruitment results, the head of the agency or unit with the authority to recruit civil servants decides the successful candidate according to Clause 2, Article 10 of this Decree (in cases of organizing civil servant recruitment examinations) or Clause 2, Article 13 of this Decree (in cases of organizing civil servant recruitment selections).

10. Amend and supplement Article 18 as follows:

Article 18. Contents related to employment contracts

1. Civil servants recruited into public service units must sign a fixed-term employment contract with the head of the public service unit using the civil servant for a term of twelve months to thirty-six months. The probationary period (if any) is specified in the fixed-term employment contract.

2. After the expiration of the term of the employment contract as stipulated in Clause 1 of this Article, the head of the public service unit evaluates the performance of the civil servant and based on the unit's need for use, decides to sign another fixed-term or indefinite-term employment contract or terminate the employment contract with the civil servant. If the civil servant signs another fixed-term employment contract, after the expiration of the term of the employment contract, the head of the public service unit considers signing an indefinite-term employment contract or terminating the employment contract with the civil servant.

3. In cases where civil servants are recruited to work in public service units in remote, mountainous, or particularly difficult socio-economic areas, after the expiration of the term of the employment contract as stipulated in Clause 1 of this Article, the head of the public service unit considers and decides to sign an indefinite-term employment contract or terminate the employment contract with the civil servant.

4. In cases where officials or civil servants are converted to civil servants according to point d and point đ of Clause 1, Article 58 of the Civil Servant Law, the head of the public service unit shall implement the signing of an indefinite-term employment contract.

5. The Ministry of Home Affairs shall specify the model of the employment contract.

11. Amend and supplement Clause 2, Clause 3, and add Clause 5 of Article 20 as follows:

Article 20. Probationary period for civil servants

2. The probationary period is defined as follows:

a) Twelve months for recruitment into professional positions requiring a bachelor's degree qualification. For the position of doctor, it is nine months;

b) Nine months for recruitment into professional positions requiring an associate degree qualification;

c) Six months for recruitment into professional positions requiring a college degree qualification.

3. The period of maternity leave under social insurance regulations, sick leave of fourteen days or more, unpaid leave, time spent in pre-trial detention, temporary suspension from work according to the provisions of the law shall not be counted towards the probationary period.

5. The probationary system shall not be implemented for cases where the individual has worked with mandatory social insurance contributions in accordance with the law, has been assigned to work in their field of training or previous specialty, and the duration of work with mandatory social insurance contributions (if intermittent, then accumulated) is equal to or greater than the probationary period prescribed in Clause 2 of this Article.

12. Supplement Clause 3 of Article 21 as follows:

"Article 21. Guidance during the probationary period

3. In cases where public service organizations do not have the conditions to assign staff to guide probationers as stipulated in Clause 2 of this Article, the head of the public service organization shall report to the head of the competent authority responsible for appointing or dismissing the head of the public service organization for consideration and decision."

13. Amend Point b of Clause 1, supplement Clause 3 of Article 29 as follows:

"Article 29. Change of occupational title for civil servants

1. The change of occupational title for civil servants shall be carried out as follows:

b) When advancing from a lower rank to a higher rank within the same profession or field, it must be done through a promotion examination or assessment.

3. The agency or unit assigning civil servants to participate in the promotion examination or assessment shall bear legal responsibility for the standards and conditions of the civil servants participating in the examination or assessment; retain and manage the registration files of those participating in the examination or assessment in accordance with the law."

14. Amend and supplement Article 30 as follows:

"Article 30. Allocation and delegation of organizing examinations or assessments for promotion of civil servants' occupational titles

1. Examination or assessment for promotion of civil servants' occupational titles equivalent to Senior Specialist

The ministry managing the civil servant's occupational title shall organize the examination or assessment in accordance with the law after receiving comments from the Ministry of Home Affairs on the content of the proposal.

2. Examination or assessment for promotion of civil servants' occupational titles equivalent to Chief Specialist

Ministries, agencies at the ministerial level, government agencies, provincial people's committees, and municipal people's committees directly organize the examination or assessment in accordance with the law after receiving comments from the Ministry of Home Affairs on the content of the proposal.

3. Examination or assessment for promotion of civil servants' occupational titles equivalent to Staff Officer or Specialist

Ministries, agencies at the ministerial level, government agencies, provincial people's committees, and municipal people's committees organize or delegate to other agencies or units to organize the examination or assessment in accordance with the law.

4. The Party's competent authority shall specify the allocation and delegation of organizing examinations or assessments for promotion of civil servants in public service organizations of the Communist Party of Vietnam and political-social organizations in accordance with the law."

15. Supplement Clause 4 of Article 38 as follows:

"Article 38. Resolution of termination of employment for civil servants

4. The termination of employment system shall not be applied in the following cases:

a) Civil servants who have been approved by the competent authority to transfer to work at another agency, organization, or unit within the political system;

b) Civil servants who have received retirement notice or belong to the category subject to reduction in staffing according to the law."

16. Amend and supplement Clause 2, Clause 3, and Clause 6 of Article 45 as follows:

"Article 45. Tasks and powers of the Ministry of Home Affairs

2. Develop proposals for the Government and the Prime Minister to establish regulations on strategies, planning, programs for developing the civil servant workforce; allocation and delegation of management of civil servants; methods for determining job positions and the structure of civil servants by occupational titles; strategies and plans for training and upgrading the civil servant workforce; salary systems; policies for talented individuals; regulations on appointment, reappointment, secondment, resignation, dismissal, commendation, disciplinary actions, termination of employment contracts, and retirement for civil servants.

3. Inspect the implementation of occupational title standards for civil servants; issue rules for organizing recruitment examinations and assessments for civil servants, rules for organizing promotion examinations and assessments for civil servants; approve framework programs for upgrading based on occupational title standards for civil servants; specify the application of civil servant titles for administrative, general affairs, office management, organizational personnel, planning, finance, and other non-professional positions in public service organizations.

6. Provide opinions on proposals from ministries, sectors, and localities regarding the appointment, salary grading, and early promotion of civil servants with occupational titles equivalent to Senior Specialist."

17. Amend and supplement Clause 1, Clause 2, Clause 3, and Clause 4 of Article 46 as follows:

"Article 46. Tasks and powers of ministries, agencies at the ministerial level, government agencies, and organizations established by the Government or the Prime Minister that are not public service organizations

1. Manage the quantity, standards, recruitment, and utilization of civil servants within their jurisdiction according to the allocation and delegation; decide on regular pay grade increases and seniority allowances exceeding the standard for civil servants; make decisions on appointment, salary grading, and early promotion of civil servants with occupational titles equivalent to Senior Specialist based on the opinion of the Ministry of Home Affairs on the conditions and standards stipulated; decide on appointment, salary grading, pay grade increases, and seniority allowances exceeding the standard for civil servants with occupational titles equivalent to Chief Specialist and below.

2. Decide on the list of job positions, the structure of civil servants by occupational titles, and the number of employees according to the allocation and delegation and in accordance with the regulations of the Party and the law."

3. Organize examinations or review promotions to equivalent titles of chief specialist for civil servants under their management according to the guidelines of the Ministry managing the titles of specialized civil servants.

4. Organize or delegate authority to organize examinations or review promotions to equivalent titles of clerk, specialist for civil servants under their management as prescribed in Article 30 of this Decree.”

18. Amend and supplement Clause 3, Clause 4, amend Point i, and supplement Point m, Point n of Clause 5 of Article 47 as follows:

“Article 47. Tasks and powers of ministries managing titles of specialized civil servants

3. Issue Circulars stipulating job title codes, standards for job titles, and salary grades for specialized civil servant positions within their managed sectors after obtaining the unified opinion of the Ministry of Home Affairs.

4. Organize examinations or review promotions to equivalent titles of senior specialist according to the provisions of Article 30 of this Decree.

5. Ministries managing titles of specialized civil servants include:

i) The Ministry of Labor, Invalids and Social Affairs manages titles of specialized civil servants in labor and social affairs; vocational education.

m) The Ministry of Transport manages titles of specialized civil servants in transport.

n) The Ministry of Finance manages titles of specialized civil servants in accounting.”

19. Amend and supplement Clause 1, Clause 3, Clause 4 of Article 48 as follows:

“Article 48. Tasks and powers of provincial People's Committees and municipal People's Committees directly under the central government

1. Manage the quantity, standards, recruitment, and utilization of civil servants within their jurisdiction according to the allocation and delegation; decide on regular pay grade increases and seniority allowances exceeding the standard for civil servants; make decisions on appointment, salary grading, and early promotion of civil servants with occupational titles equivalent to Senior Specialist based on the opinion of the Ministry of Home Affairs on the conditions and standards stipulated; decide on appointment, salary grading, pay grade increases, and seniority allowances exceeding the standard for civil servants with occupational titles equivalent to Chief Specialist and below.

3. Decide on the list of job positions, the structure of civil servants by job titles, and the number of staff working according to the division of responsibilities and regulations of the Party and laws.

4. Organize examinations or review promotions to equivalent titles of chief specialist for civil servants under their management according to the guidelines of the ministry managing titles of specialized civil servants. Organize or delegate authority to organize examinations or review promotions to equivalent titles of clerk, specialist for civil servants under their management as prescribed in Article 30 of this Decree.”

20. Amend and supplement Clause 2 of Article 49 as follows:

“Article 49. Tasks and powers of public service units

2. For self-financing public service units that cover regular expenses and investment costs, in addition to the tasks and powers specified in Clause 1 of this Article, they also have the following tasks and powers:

a) Decide on the list of job positions, the structure of civil servants by job titles, and the number of staff working according to the regulations of the Party and laws;

b) Organize examinations or review promotions to job titles according to the law;

c) Decide on sending civil servants to participate in seminars, conferences, research surveys, and experience learning abroad according to the division of responsibilities.”

Article 3. Amending and supplementing some articles of Decree No.

68/2000/ND-CP dated November 17, 2000, of the Government on implementing the system of contracts for certain types of work in state administrative agencies and public service units

1. Amend and supplement Clause 6 of Article 1 as follows:

“6. Other auxiliary and service work requiring training qualifications up to secondary level.”

Article 3. Information Technology System

“1. Central state administrative agencies; at the provincial and centrally governed city levels (referred to collectively as provincial level); at district, county, town, and city levels under provinces and centrally governed cities (referred to collectively as district level).”

3. Amend and supplement Article 3 as follows:

“Article 3. Work not subject to signing labor contracts in state administrative agencies and public service units

1. Do not sign labor contracts with the following individuals:

a) Those performing professional work in positions determined as civil servants in state administrative agencies or as civil servants in public service units fully or partially funded by the State for regular expenses.

b) Security personnel at offices: Office of the Government, Treasury or Archive of Official Seals with the value of money of the State Bank, National Treasury, Tax Seal Archive, Customs Seal Archive.

c) Drivers transporting money of the State Bank, National Treasury.

2. Standards, conditions, contents, and forms of recruitment for cases specified in Points b and c of Clause 1 of this Article shall be decided by the head of the agency authorized to recruit.”

4. Amending and supplementing Clause 2 of Article 6 as follows:

“2. Conditions and authority to sign labor contracts of state administrative agencies and public service units:

a) Conditions for signing labor contracts

There must be a need for the work specified in Article 1 of this Decree, which is consistent with the job positions of the agency or unit approved.

b) Authority to sign labor contracts

For state administrative agencies: The head of the state administrative agency that is identified as the focal point receiving staffing and administrative management funds from the state budget is the person authorized to sign labor contracts. In case this authorized person does not directly sign labor contracts, they may delegate in writing to the heads of subordinate agencies and units to perform.

For public service units: The head of the public service unit using contractual labor is the person authorized to sign labor contracts.”

5. Amending and supplementing Article 7 as follows:

“Article 7. Implementation Costs

1. For state administrative agencies, the implementation costs for contracts of the work specified in Article 1 of this Decree shall be guaranteed by the state budget and allocated in the annual regular expenditure budget outside the annual salary fund of the agency according to the law.

2. For public service units, the implementation costs for contracts of the work specified in Article 1 of this Decree shall be taken from sources outside the annual salary fund of the public service unit according to the law.”

Article 4. Effective date

1. This Decree takes effect from January 15, 2019.

2. For agencies, organizations, units that have been approved by competent authorities for recruitment plans and programs, civil servant grade promotion exams, or vocational title advancement exams for public officials before the effective date of this Decree, they may continue to implement according to the approved plans within six months from the effective date of this Decree. If not completed within this period, they must follow the provisions of this Decree.

Article 5. Implementation organization and responsibility for enforcement

1. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, organizations established by the Government or the Prime Minister which are not public service establishments, Chairperson of the People's Committee of provinces and centrally-run cities shall be responsible for directing heads of agencies, organizations, units under their management when recruiting, using, managing civil servants and public officials, and implementing certain job contract systems in administrative state agencies and public service establishments to comply with the provisions of this Decree and other relevant regulations. In case of violations being discovered, decisions and issued documents shall be revoked, and violators shall be dealt with according to the regulations of the Party and the law.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of the People's Committees of provinces and centrally-run cities, related agencies, organizations, units, and individuals shall be responsible for enforcing this Decree.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, agencies under the Government; - People's Councils, People's Committees of provinces and centrally-administered cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - National Assembly Ethnic Committee and relevant Committees; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Central Committee of the Vietnam Fatherland Front; - Central agencies of mass organizations; - VPCP: BTCN, all PCN, Assistant PM, Director General of the Government Portal, various Departments, Bureaus, subordinate units, Official Gazette; - File: VT, TCCV (2b).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc

ANNEX

APPLICATION FOR REGISTRATION TO APPLY FOR RECRUITMENT

(Attached to Decree No. 161/2018/NĐ-CP dated November 29, 2018 of the Government)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ..., month ..., year ....

(Attach photo 4x6) (3)

APPLICATION FOR REGISTRATION TO APPLY FOR RECRUITMENT Position applied for(1): …………………………………………………………… ………………………………………………………………………………….. Recruitment unit(2): …………………………………………………………. ……………………………………………………………………………………

I. PERSONAL INFORMATION

Full name:... Date of birth:...	Male □	Female □
Ethnicity:...Religion:... ID card number or Citizen Identification Card number:...Date of issue: ...Issuing authority:... Mobile phone number for notification:...Email:...
Place of origin:...
Permanent residence:...
Current address (for notification):...
Health status:..., Height:..., Weight:... kg
Current family composition:...
Educational level:...
Professional qualification:...Type of training:...

II. TRAINING INFORMATION

Date, month, year of issuance of diploma/certificate	Name of school/institution issuing the diploma/certificate	Level of diploma/certificate	Diploma/certificate code	Major (as recorded on transcript)	Field of training	Training form	Diploma/certificate classification

III. EXEMPTION FROM FOREIGN LANGUAGE AND COMPUTER SKILLS TESTS

(Applicants exempted from foreign language and computer skills tests should clearly state the reasons for exemption in this section)

Exempted from foreign language test due to: ...

Exempted from computer skills test due to: ...

IV. REGISTRATION FOR FOREIGN LANGUAGE TEST

(Applicants choose and clearly indicate registration for one of five languages: English, French, Russian, Chinese, German, or another language required by the position applied for. Applicants exempted from the foreign language test do not need to fill out information in this section).

Registered for foreign language test: ...

V. PRIORITY GROUP - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

I hereby certify that the above statements are true. After receiving the admission notice, I will complete my application file as required. If found to be false, my recruitment result will be canceled by the competent recruitment authority, and I will bear legal responsibility and commit not to apply for the next recruitment period at the recruiting agency./.

APPLICANT (Signature, full name)

Note:

(1) Write the correct job position applied for.

(2) Write the correct name of the agency, organization, or unit with recruitment quotas.

(3) The applicant marks an X in the corresponding box for Male or Female.