Decree No. 170/2025/NĐ-CP on recruitment, utilization, and management of civil servants

DECREE

Regulations on the recruitment, use, and management of civil servants

Pursuant to the Government Organization Law on February 18, 2025;

Based on the Civil Servants Law dated June 24, 2025;

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

The Government issues this Decree to regulate the recruitment, use, and management of civil servants.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the recruitment, use, and management of civil servants.

Article 2. Applicability

1. Civil servants as defined in Clause 2, Article 1 of the Civil Servants Law.

2. Civil servant management agencies include:

a) The Central Party Office, the Central Inspection Committee Office, central Party Committees, the Vietnam Fatherland Front, political-social organizations at the central level;

b) Provincial Party Committees directly under the Central Committee;

c) Agencies of the National Assembly, the National Assembly Office, the President's Office, the State Audit Agency;

d) The Supreme People's Court, the Supreme People's Procuracy;

đ) Ministries, ministerial-level agencies;

e) Organizations established by the Government, the Prime Minister that are not public service units (in cases where they are granted authority to manage civil servants);

g) People's Councils of provinces and centrally governed cities.

3. Agencies using civil servants.

4. The Minister of Defense and the Minister of Public Security shall decide on the application of provisions of this Decree for the recruitment, use, and management of civil servants working in agencies, organizations, and units within their jurisdiction.

Chapter II

RECRUITMENT OF CIVIL SERVANTS

Section 1

BASIS, AUTHORITY, AND RECRUITMENT BOARD

Article 3. Basis for recruiting civil servants

1. Recruitment of civil servants must be based on the ratio of civil servants needed to be assigned according to job positions, establishment quotas, and requirements of the job positions to be recruited.

2. The agency with authority to recruit shall develop a recruitment plan and make decisions on recruitment within its authority. The contents of the recruitment plan include:

a) The number of establishment quotas allocated and unused by the agency using civil servants; requirements of the job positions to be recruited;

b) The ratio of civil servants needed for each job position within the agency using civil servants and the number of establishment quotas to be recruited for each job position, including specifying job positions to be recruited jointly for different agencies using civil servants (if applicable);

c) The number of establishment quotas and job positions specifically reserved for ethnic minority candidates (if applicable), including specifying specific quotas and ethnic structures to be recruited;

d) The number of establishment quotas and job positions for which selection will be conducted (if applicable) for each group of candidates;

đ) Standards and conditions for registering to apply for each job position.

In cases where the agency with authority to recruit decides to organize foreign language exams, it shall clearly specify the foreign language to be tested, the content, format, time, and passing score.

e) Recruitment methods (competitive examination, selection); in cases where competitive examinations are organized, the specific format for organizing specialized vocational subject examinations shall be specified;

g) Other contents (if applicable).

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 Article 19 of the Civil Servants Law. The agency using civil servants shall determine the conditions according to the requirements of the job positions to be recruited as stipulated in Point e, Clause 1, Article 19 of the Civil Servants Law, but shall not be lower than general standards, shall not contravene legal provisions, shall not discriminate based on types of education, and shall report in writing for the civil servant management agency to review and decide.

Recruitment of civil servants through examination methods shall be decided by the competent authority for recruitment and implemented separately for each of the following groups:

1. Persons who commit to work for at least five years in areas with particularly difficult socio-economic conditions.

2. Students studying under the quota system as prescribed by the Education Law, returning to work in their place of origin after graduation.

3. Outstanding graduates and talented young scientists belonging to the group implementing policies to attract and utilize talented individuals.

Article 6. Priority in recruiting civil servants

1. Priority objects and points in recruitment examinations or recruitment through examination

a) Heroes of the Armed Forces, Labor Heroes, war invalids, persons enjoying benefits equivalent to war invalids, war invalids category B: Shall be granted an additional 7.5 points to the examination results or specialized vocational assessment results;

b) Ethnic minority people, military officers, police officers, professional military personnel who have been demobilized, personnel from confidential services who have changed sectors, graduates of reserve officer training programs, those who have completed basic command training for village militia units and have been conferred reserve officer ranks, 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 born to those who were exposed to toxic chemicals during the resistance war: Shall be granted an additional 5 points to the examination results or specialized vocational assessment results;

c) Persons who have fulfilled their military service obligations, public security service obligations, or volunteer youth service: Shall be granted an additional 2.5 points to the examination results or specialized vocational assessment results;

d) Trade union cadres who have grown from grassroots levels and in workers' movements, as stipulated by the competent authority: Shall be granted an additional 1.5 points to the examination results or specialized vocational assessment results.

2. In cases where candidates for recruitment examinations or recruitment through examination belong to multiple priority categories as prescribed in Clause 1 of this Article, they shall only be granted the highest priority points to the examination results or specialized vocational assessment results.

Article 7. Competent authorities for recruiting civil servants

1. Civil Service Management Authority.

2. Authorities using civil servants that are allocated staffing quotas, operating funds, have their own seals and accounts, and are delegated or authorized to recruit civil servants.

Article 8. Recruitment Examination Council

1. The head of the competent authority for recruitment decides to establish the Recruitment Examination Council for recruitment examinations or recruitment through examination. The Recruitment Examination Council consists of 5 or 7 members including:

a) The Chairman of the Council is the head or deputy head of the competent authority for recruitment;

b) The Vice-Chairman of the Council is a representative of the leadership of the advisory department on organizational and cadre affairs of the competent authority for recruitment;

c) A member兼任秘书处委员的是该授权招聘机关的组织人事顾问部门中的公务员；

d) Other members are representatives of the leadership of some related professional departments, appointed by the head of the competent authority for recruitment.

2. The Recruitment Examination Council operates based on the principle of collective decision-making, deciding by majority vote; in case of equal votes, the decision follows the opinion of the Chairman of the Recruitment Examination Council. The Recruitment Examination Council has the following duties and powers:

a) Based on the recruitment method and job requirements, decide to establish appropriate working bodies among the following: Registration Review Board, Question Setting Board, Examination Supervision Board, Sealing Board, Marking Board, Re-examination Board (if applicable), Interview Board (if applicable); Question Answering Board; Proposal Evaluation Board; determine the number of participants in each board according to the number of candidates. If necessary, the Chairman of the Recruitment Examination Council may establish a Secretariat Support Team;

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

c) Organize the review of registration forms, conduct examinations, marking, and re-marking according to the rules;

d) Report to the head of the competent authority for recruitment to decide on recognizing the examination results or recruitment results;

e) Resolve complaints and reports during the organization of recruitment examinations or recruitment through examination;

f) The Recruitment Examination Council automatically dissolves itself after completing its tasks.

3. It is not allowed to arrange individuals who have marital relationships, parent-child relationships, foster parent-child relationships, siblings, maternal or paternal uncles, aunts, cousins, spouses of siblings, or children of siblings; individuals currently undergoing disciplinary action or executing disciplinary decisions; individuals previously punished for acts of corruption or misconduct; individuals previously disciplined for violations in organizational and cadre work as members of the Recruitment Examination Council or working bodies of the Recruitment Examination Council.

Section 2

CIVIL SERVICE RECRUITMENT EXAMINATIONS

Article 9. Form, content, time for civil servant recruitment examination

1. Recruitment examination for positions classified as employee rank: Professional subject examination

a) Examination form: Oral questioning or practical work.

b) Examination content:

For oral questioning: Assessing candidates' ability to think, apply knowledge to practice; ability to carry out tasks and duties of the applied position; candidates' understanding of the applied position.

For practical work: Performing specific tasks according to the requirements of the position.

Examination score scale (oral questioning or practical work): 100 points.

c) Examination duration: 30 minutes.

2. Recruitment examination for positions classified as specialist rank and equivalent, cadet rank and equivalent

Conducted in two rounds as follows:

a) Round 1: Subject examination to test general knowledge and abilities

Examination form: Computer-based multiple-choice test.

Examination content: 60 questions assessing candidates' ability to think, apply knowledge to practice; general and basic understanding of the political system; administrative management of the state; rights and obligations of civil servants, public service ethics; knowledge about society, culture, history.

Examination duration: 60 minutes.

Candidates who answer correctly at least 50% of the questions will be eligible to participate in round 2.

b) Round 2: Professional subject examination

Examination form: Written test or combined written test and interview.

Examination content:

For written test: Examining candidates' knowledge on Party policies, laws related to the industry or field of recruitment; professional expertise and skills; ability to perform public duties according to the requirements of the position to be recruited. Examination duration is 180 minutes (excluding copying time). Depending on the characteristics of the agency, organization, unit, the recruiting authority may organize the written test in the form of a computer-based test, simultaneously determining an appropriate number of questions, ensuring a minimum of 60 questions and a maximum of 120 questions (in the form of multiple-choice questions). The examination duration corresponds to the total number of questions, ensuring a minimum of 90 minutes and a maximum of 180 minutes.

For interview: Focusing on evaluating candidates' abilities such as thinking, communication, situational judgment, learning, development, expression, attitude, character, and other required abilities according to the job position. Examination duration is a maximum of 30 minutes.

Written test score scale: 100 points; interview score scale: 100 points.

In case of conducting the written test in the form of a computer-based test, the Recruitment Board (Question Setting Committee) will build groups of questions with different levels of complexity and determine corresponding scores for each question.

In case of choosing the combined written test and interview form, the total score of the written test and interview will be converted to a 100-point scale according to the ratio of 70% for the written test and 30% for the interview (rounded to two decimal places).

3. Recruitment examination for positions classified as senior specialist rank and equivalent: Professional subject examination as prescribed in point b clause 2 of this Article.

4. Recruitment examination for positions classified as senior specialist rank and equivalent, senior expert rank: Professional subject examination

a) Project examination;

b) Content and form of the project examination shall be decided by the recruiting authority, ensuring suitability with the requirements of the position and must be determined in the Recruitment Plan and publicly announced in the Recruitment Notice.

c) Project examination score scale: 100 points;

d) Preparation and examination duration for one candidate shall be a maximum of 90 minutes, decided by the head of the recruiting authority based on the requirements and characteristics of the recruited position.

5. In cases where the recruiting authority has higher special requirements regarding the content and duration of the professional subject examination than those stipulated in this Article or has special requirements regarding foreign languages, these must be specifically determined in the Recruitment Plan and publicly announced in the Recruitment Notice. The recruiting authority decides the foreign language examination, content, form, duration, and scoring criteria. The foreign language examination score is a conditional score and does not count towards the professional subject examination score. The foreign language examination must be completed before organizing the professional subject examination. If the foreign language examination result is achieved, the candidate is eligible to take the professional subject examination.

Article 10. Determining Successful Candidates in the Civil Service Recruitment Examination

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

a) Achieve a score of 50 points or higher on the specialized vocational subject test. In cases where the examination combines written and interview tests, they must take both tests (written and interview) and achieve a score of 50% or higher of the maximum points for each test;

b) Have a combined score from the specialized vocational subject test and any priority points specified in Article 6 of this Decree (if applicable), which is higher than the scores of other candidates ranked in descending order according to the recruitment quota for each position, including positions recruited jointly for multiple civil service using agencies.

2. In cases where two or more candidates have the same total score calculated according to point b, Clause 1 of this Article at the final recruitment quota, the determination of successful candidates shall be carried out in the following order of priorities:

a) The candidate with a higher score on the specialized vocational subject test;

b) The candidate with a higher score on the written test in the second round in cases where the combined written and interview format is selected.

If the successful candidate still cannot be determined according to the priority order specified in this clause, the head of the agency with the authority to recruit shall decide on the successful candidate.

3. For positions recruited jointly for multiple civil service using agencies, the determination of the civil service using agency that successfully recruits shall be carried out in the order of preference selection stated in the Application Form of the successful candidate. In cases where the number of successful candidates applying for recruitment to one civil service using agency exceeds the recruitment quota of that agency, priority shall be given to the candidate with a higher recruitment result. In cases where two or more candidates have the same recruitment result at the final recruitment quota of that agency, the selection shall be made according to the priority order specified in Clause 2 of this Article.

4. Candidates who are not successful in the civil service recruitment examination shall not retain their examination results for subsequent examinations.

Section 3

CIVIL SERVICE SELECTION

Article 11. Forms and Content of Civil Service Selection

Civil service selection is conducted in two rounds as follows:

1. Round 1: Checking the application form for registration to participate in the selection according to the requirements of the position to be recruited, if the candidate meets all the requirements, they will proceed to Round 2.

2. Round 2: Specialized Vocational Subject Assessment

a) Format: Question and Answer

b) Content: Testing knowledge and skills in performing public duties; evaluating abilities such as thinking, communication, situational judgment, learning, development, expression, attitude, personality, and other required abilities for the position to be recruited;

c) Duration: 30 minutes (candidates have no more than 15 minutes to prepare before the question and answer session);

d) Scoring Scale: 100 points.

Article 12. Determination of Successful Candidates in the Civil Service Selection Period

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

a) Achieve a score of 50 points or higher in Round 2;

b) Have a combined score from Round 2 and any priority points specified in Article 6 of this Decree (if applicable), which is higher than the scores of other candidates ranked in descending order within the recruitment quota for each position.

2. In cases where two or more candidates have the same total score calculated according to point b, Clause 1 of this Article at the final recruitment quota of the position to be recruited, the candidate with a higher score in Round 2 is the successful candidate; if still undetermined, the head of the agency with the authority to recruit shall decide on the successful candidate.

3. For positions recruited jointly for multiple civil service using agencies, the determination of the civil service using agency that successfully recruits shall be carried out in the order of preference selection stated in the Application Form of the successful candidate. In cases where the number of successful candidates applying for recruitment to one civil service using agency exceeds the recruitment quota of that agency, priority shall be given to the candidate with a higher recruitment result. In cases where two or more candidates have the same recruitment result at the final recruitment quota of that agency, the selection shall be made according to the priority order specified in Clause 2 of this Article.

4. Candidates who are not successful in the civil service selection period shall not retain their selection results for subsequent selection periods.

Section 4

ACCEPTANCE INTO CIVIL SERVICE

Article 13. Subjects, criteria, conditions, and dossier for acceptance as civil servants

1. Subjects for acceptance:

a) Experts, scientists, lawyers, outstanding business leaders with excellent qualifications working at agencies, organizations, units outside the public sector under policies to attract talented individuals;

b) Civil servants working at public service units;

c) Personnel receiving salaries in the People's Army, Public Security Force, or confidential organizations who are not civil servants;

d) Individuals holding leadership or management positions at state-owned enterprises with 100% state capital or at enterprises with over 50% state capital or total voting shares;

đ) Individuals who were once cadres or civil servants and were subsequently transferred or rotated to work in non-cadre or non-civil servant positions in other agencies or organizations by competent authorities;

e) Individuals recruited according to authorized staffing quotas to work in associations assigned tasks by the Party and State;

g) Non-professional workers at commune level before this Decree takes effect;

h) Members of the Young Intellectuals Volunteer Program for Rural and Mountainous Areas from 2013 to 2020 who have signed labor contracts to work in communes (before July 1, 2025) and will start working in communes (from July 1, 2025).

2. Authority for acceptance

a) The head of the agency authorized to recruit decides on acceptance for cases specified in points b, c, đ of Clause 1 of this Article;

b) The head of the civil servant management agency decides on acceptance for cases specified in points a, d, e, g, h of Clause 1 of this Article.

3. Criteria and conditions for acceptance:

Based on the ratio of civil servants needed for each job position within the employing agency, the allocated staffing quota, and the requirements of the job position to be recruited, the head of the agency authorized to recruit or the head of the civil servant management agency shall consider and accept those specified in Clause 1 of this Article to become civil servants if they meet the registration criteria for civil servant recruitment as stipulated in Clause 1 of Article 19 of the Civil Servants Law, except for cases specified in Clause 3 of Article 19 of the Civil Servants Law or those currently undergoing disciplinary measures, implementing disciplinary decisions, or complying with related disciplinary regulations as prescribed by the Party and laws.

a) For the case specified in point a of Clause 1 of this Article, there must be results or products suitable for the anticipated job position;

b) For the cases specified in points b, c, d, e, g, and h of Clause 1 of this Article, they must have at least five years of work experience as required by law, have compulsory social insurance contributions (if not continuous and have not received a one-time social insurance benefit, then accumulated periods of work prior to the current position as specified in points b, c, d, đ, e, g, and h of Clause 1 of this Article can be included), and perform work requiring relevant professional expertise suitable for the anticipated job position;

c) For the case specified in point đ of Clause 1 of this Article, there must be a written decision by the competent authority to work at other agencies, organizations, or units based on task requirements, and they do not need to meet the five-year work experience requirement as specified in point b of this Clause.

4. Dossier of the individual proposed for acceptance as a civil servant:

a) A personal curriculum vitae established within thirty days before submitting the acceptance dossier, confirmed by the agency, organization, or unit where the individual works;

b) Copies of certificates, diplomas, and other documents as required for the anticipated job position;

c) A health certificate issued by a competent health authority within six months;

d) An individual self-assessment regarding political integrity, moral character, professional qualifications, expertise, and work history as required by the accepting agency.

In cases where components of the acceptance dossier as specified in this Clause have been approved by competent authorities and exist in the national database, they may be used to replace corresponding paper versions.

Article 14. Procedures for Acceptance

1. Examination and Assessment Board:

a) The head of the competent authority for recruitment shall establish the Examination and Assessment Board. The composition of the Examination and Assessment Board shall be carried out in accordance with Clause 1 of Article 8 of this Decree;

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

Verify the standards, conditions, certificates, and certifications of the person proposed for acceptance in accordance with the requirements of the position to be recruited;

Organize examinations to assess general knowledge and professional skills of the person proposed for acceptance; the examination content must be based on the requirements of the position to be recruited; the examination format is oral questioning;

Report to the head of the competent authority for recruitment about the results of the verification and examination;

c) The Examination and Assessment Board operates under the principle of collective decision-making, decided by majority vote; in case of equal votes, the decision will follow the opinion of the Chairman of the Examination and Assessment Board. The Examination and Assessment Board decides to establish a Secretariat Team when necessary.

The Examination and Assessment Board dissolves itself after completing its tasks.

2. No Examination and Assessment Board shall be established in the following cases:

a) Accepting cases specified in points b, c, and đ of Clause 1 of Article 13 into civil servants not holding leadership or management positions;

b) Accepting cases specified in Clause 1 of Article 13 of this Decree into civil servants holding leadership or management positions.

3. People who have relationships such as spouse, father, mother; parent (spouse or parent), adoptive father, adoptive mother; biological child, adopted child; full brother, sister; aunt, uncle, maternal uncle, paternal uncle; brother, sister of spouse; spouse of brother, sister of spouse; people currently within the disciplinary handling period or executing disciplinary decisions; people previously disciplined for corruption or negative behavior shall not be appointed as members of the Examination and Assessment Board.

4. The head of the competent authority for recruitment decides to accept civil servants within their authority.

5. When accepting to appoint to leadership or management positions, the appointment process for personnel from other places shall be followed. The appointment decision is simultaneously the acceptance decision and shall be implemented as follows:

a) In the case where the competent authority for recruitment is also the competent authority for appointment or a subordinate of the competent authority for appointment, the appointment decision is simultaneously the acceptance decision;

b) In the case where the competent authority for recruitment is a superior of the competent authority for appointment, the competent authority for appointment must report and obtain the consent of the competent authority for recruitment before making the appointment decision.

Section 5

PROCEDURES AND PROCEDURES FOR CIVIL SERVICE RECRUITMENT AND SELECTION

Article 15. Recruitment Announcement and Acceptance of Application Forms

1. The competent authority for recruitment must publicly post the Recruitment Announcement at least once on one of the following mass media: printed newspapers, online newspapers, radio, television; and simultaneously publish on the electronic information portal or government portal of the competent authority for recruitment.

2. The contents of the Recruitment Announcement include:

a) The number of positions to be recruited at each job position, including specific job positions being recruited jointly for different agencies using civil servants (if applicable);

b) The number of job positions implementing recruitment examinations and selections;

c) Standards and conditions for the job positions applying for recruitment;

In cases where the agency with authority to recruit decides to organize foreign language exams, it shall clearly specify the foreign language to be tested, the content, format, time, and passing score.

d) Time limit, address, method of accepting Application Forms according to Model No. 01 issued together with this Decree (directly, via email, through the government portal or by other appropriate electronic methods); telephone number, email or other address of the department accepting Application Forms;

đ) Format, content of recruitment examinations and selections; time and location of examinations and selections; method of notifying candidates (SMS messages, emails or other appropriate electronic methods);

e) Other contents as decided by the competent authority for recruitment.

3. The head of the competent authority for recruitment may change the contents of the Recruitment Announcement once, but only before the opening day of the recruitment period by at least 10 days and must be made public in accordance with Clause 1 of this Article. In case there is a change in the Recruitment Announcement, related provisions shall apply from the date of the new Recruitment Announcement.

4. The deadline for accepting Application Forms is 30 days from the date of public announcement as stipulated in Clause 1 of this Article and must be specifically determined in the Recruitment Announcement.

Article 16. Procedures for organizing competitive examinations and selection of civil servants

1. After announcing recruitment, the head of the authority with the right to recruit shall decide to establish the Recruitment Board. The Recruitment Board decides to establish the Registration Examination Review Committee to examine the conditions and criteria of those who have registered to participate in the examination or selection.

2. At the latest within fifteen days or at the latest within thirty days in cases where the number of people registering to participate in the examination or selection is five hundred or more, from the date the registration deadline expires, the Recruitment Board shall complete the following tasks:

a) Announce on the electronic information page or government portal the list of candidates meeting the conditions and criteria for the examination or selection and related information about the recruitment process.

The content of the announcement must clearly state: candidate information; job position applied for, priority order selected in the registration form (for cases applying for positions recruited jointly by different agencies using civil servants); time for the first round examination, time for the second round examination (estimated) for positions classified as specialist level and equivalent; time for specialized professional examination (for positions classified as staff level, senior specialist level and equivalent, senior specialist high-level and equivalent, senior expert high-level), time for organizing interviews (for selection); examination format, location, and other relevant information;

b) Send summons notifications to those who have registered to participate.

In cases where candidates do not meet the conditions and criteria, they must be notified with clear reasons stated.

3. Organizing the examination for qualification subjects (first round):

a) Time to organize the first round examination: At the latest within thirty days from the date the registration deadline expires. If the decision extends the time according to Clause 2 of this Article, the time to organize the first round examination will be at the latest within forty-five days from the date the registration deadline expires;

b) Conducting general knowledge and ability examination

Examination results are announced to candidates immediately after the examination ends. Re-examination of the first round examination results will not be conducted;

c) The Recruitment Board publicly announces on the electronic information page or government portal of the authority with the right to recruit the list of candidates participating in the second round, the time, location, examination format of the second round, and notifies the candidates. Candidates who pass the first round examination automatically qualify to participate in the second round without needing a summons notice.

4. Organizing the examination for specialized professional subjects (second round):

a) Time to organize the second round examination: At the latest within ten days from the end of the first round examination;

b) In cases where the specialized professional subject examination is chosen as a written examination:

At the latest within fifteen days from the end of the written examination, grading and announcing the examination results on the electronic information page or government portal of the authority with the right to recruit must be completed, and the receipt of re-examination applications must be announced simultaneously. In cases where the number of candidates participating in the second round is one thousand or more, the Chairman of the Recruitment Board may decide to extend the grading time but not exceeding thirty days. The deadline for receiving re-examination applications is five working days from the date of announcing the examination results.

In cases where there are re-examination applications, at the latest within ten days from the end of the re-examination application deadline, the re-examination grading must be completed. In cases where the number of re-examination applications is large, the Chairman of the Recruitment Board decides to extend the completion time of re-examination grading but not exceeding twenty days from the end of the re-examination application deadline.

In cases where the written examination is conducted through computer-based testing, examination results are announced to candidates immediately after the test ends. Re-examination of the computer-based written examination results will not be conducted.

c) In cases where the specialized professional subject examination is chosen as a combination of written and interview:

The organization of the written examination follows the provisions of point b of this clause.

The Recruitment Board decides to organize the interview immediately after the written examination (before the written examination results are known). Re-examination of the interview results will not be conducted.

In cases where the written examination is conducted through computer-based testing, the Recruitment Board decides to organize the interview for those who pass the computer-based written examination at the latest within five working days from the end of the computer-based testing.

5. For positions that do not require two rounds of examination, at the latest within thirty days from the date the registration deadline expires, the Examination Board must organize the examination; if the decision extends the time according to Clause 2 of this Article, the time to organize the examination will be at the latest within forty-five days from the date the registration deadline expires.

The organization of the examination, grading of civil servants for positions classified as senior specialist level and equivalent follows the provisions of points b and c of Clause 4 of this Article.

Re-examination of examination results will not be conducted for the following types of examinations: Interview, practical work, computer-based written examination, interview, Project Proposal.

6. Organizing the selection process:

At the latest within fifteen days from the date of announcing the summons for candidates meeting the conditions and criteria to participate in the interview as stipulated in Clause 2 of Article 11 of this Decree, the Recruitment Board must organize the interview. Re-examination of the interview results will not be conducted.

Article 17. Notification of Recruitment Results

1. Within the latest five working days from the date of completing the examination grading or specialized vocational assessment (including re-examination, if any), the Recruitment Board shall be responsible for compiling the results and reporting to the head of the recruitment authority. The head of the recruitment authority shall approve the results within the latest five working days from the date of receiving the compiled result report.

2. Within the latest two working days from the date of the decision approving the successful recruitment results, the Recruitment Board must publicly announce on the electronic information website or portal of the recruitment authority and send the notification of recognizing the successful recruitment results to the successful candidates. The content of the announcement must clearly state the deadline for the successful candidates to come to the recruitment authority to complete the recruitment file.

Article 18. Completion of Recruitment Files

1. Within the latest twenty days from the date the list of successful candidates is publicly announced on the electronic information website or portal of the recruitment authority, the successful candidates must complete the recruitment files and submit them to the recruitment authority. The recruitment file includes:

a) Copies of diplomas and certificates (excluding computer and foreign language certificates) as required by the recruitment authority in the Recruitment Announcement;

b) Copies of priority object certification (if applicable).

2. In cases where the successful candidates fail to complete the recruitment files as prescribed or engage in fraudulent behavior in filling out the Application Registration Form or are found to have used diplomas, certificates, and certifications not in accordance with regulations to participate in the recruitment process, the head of the recruitment authority shall issue a decision to nullify the successful recruitment results.

In cases where the applicants engage in fraudulent behavior in filling out the Application Registration Form or use diplomas, certificates, and certifications not in accordance with regulations to participate in the recruitment process, the recruitment authority shall publicly announce on the electronic information website or portal of the authority and will not accept the Application Registration Form for one subsequent recruitment period.

Article 19. Recruitment Decision and Commencement of Employment

1. Within the latest five working days from the expiration date of the recruitment file completion period as stipulated in Clause 1 of Article 18 of this Decree, the head of the recruitment authority shall issue a recruitment decision and notify the successful candidates. The content of the recruitment decision includes the recruitment, job position assignment, and classification corresponding to the recruited job position. The recruitment authority shall be responsible for requesting the competent authority under the law on criminal records to issue a Criminal Record Certificate for the successful candidates.

2. Within the latest thirty days from the date of the recruitment decision, the recruited personnel must report for duty, except in cases where the recruitment decision specifies a different deadline or the recruitment authority agrees to extend the deadline.

3. In cases where the recruited personnel do not report for duty within the deadline specified in Clause 2 of this Article or the Criminal Record Certificate determines that they belong to one of the categories prohibited from applying for civil servant positions, the head of the recruitment authority shall revoke the recruitment decision.

4. Upon expiration of the deadline specified in Clause 2 of this Article, the recruitment authority shall publicly announce on its electronic information website or portal and send notifications to those applicants who have lower successful recruitment results immediately adjacent (in order) to the successful candidate whose recruitment result was revoked according to Clause 2 of Article 18 of this Decree or whose recruitment decision was revoked according to Clause 3 of this Article to complete their files and issue a recruitment decision within the latest fifteen days from the expiration date of the deadline specified in Clause 2 of this Article.

In cases where there are two or more applicants with equally lower adjacent successful recruitment results, the head of the recruitment authority shall decide the successful candidate according to the provisions of Clause 2 of Article 10 of this Decree (in case of organizing a competitive examination) or the provisions of Clause 2 of Article 12 of this Decree (in case of organizing a vocational assessment).

Article 20. Salary Classification for Persons Recruited to Civil Servant Positions with Social Insurance Contributions

In cases where persons recruited to civil servant positions under this Decree have worked according to the provisions of the law for a period of time that meets the requirements of professional qualifications for the recruited position, and have made compulsory social insurance contributions (if not continuously but have not yet received one-time social insurance benefits, such contributions will be accumulated), and are assigned to work in positions corresponding to their previous professional qualifications, then that period of work shall serve as the basis for salary classification at the appropriate civil servant rank according to the recruited position.

The Ministry of Home Affairs shall provide detailed guidance on this Article.

Chapter III

USE OF CIVIL SERVANTS

Section 1

ASSIGNMENT AND RANKING OF CIVIL SERVANTS BY POSITION

Article 21. Arrangement and Assignment of Work

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

2. Assigning and delegating tasks to civil servants must ensure compatibility between the powers and responsibilities assigned and the titles, positions, and job positions.

3. Civil servants are responsible under the law for performing their duties and public service tasks; civil servants holding leadership positions must also be responsible for the performance of duties and public service tasks of civil servants under their management as stipulated by law.

4. Civil servants assigned to positions requiring periodic job rotation shall implement such rotations in accordance with the provisions of the law.

Article 22. Assignment to Job Positions and Change of Job Positions for Civil Servants

1. Assignment to job positions for persons recruited as civil servants

a) Persons recruited as civil servants must be assigned to the correct job positions they were recruited for, as announced by the recruiting agency;

b) The head of the employing agency has the responsibility to delegate tasks according to the requirements of the recruited job position; to nurture, monitor, and evaluate the performance of duties and responsibilities of civil servants;

c) Recruit civil servants must fully and properly execute the assigned tasks and powers; comply with laws and internal regulations of the agency; adhere to labor discipline, public service ethics, and other agency regulations.

2. Change of job positions for civil servants

a) Civil servants change job positions due to being appointed to leadership or managerial positions, or due to not being considered for reappointment, or due to resignation, removal from leadership or managerial positions;

b) Professional civil servants are assigned to job positions ranked differently from their current civil servant ranks.

Article 23. Conditions and Standards for Civil Servants When Changing Job Positions

1. For leadership and managerial job positions, decisions by competent authorities regarding cadre work shall be implemented.

2. For professional and support job positions

a) There must be suitable job positions available for the number of civil servants required to be assigned according to job positions in the employing agency, as approved by competent authorities;

b) They must be rated as having satisfactorily completed their tasks or better in the most recent year prior to changing job positions; not currently undergoing disciplinary measures; not currently serving a disciplinary decision; not currently under investigation, prosecution, or trial; not currently complying with related disciplinary regulations as prescribed by the Party and the law;

c) They must demonstrate satisfactory performance through the quantity, quality, and progress of products produced in their current job positions, which align with the new job positions they are expected to be assigned;

d) They must possess the necessary capabilities and professional qualifications as required by the job description and competency framework for the new job positions.

3. The head of the agency using civil servants is responsible for developing plans for changing job positions for civil servants within their management scope, reporting to the head of the civil servant management agency for decision-making. The content of the plan for changing job positions includes:

a) Total authorized personnel strength, total personnel present;

b) The ratio of civil servants required to be assigned to each job position in the employing agency, as approved by competent authorities; the number of civil servants currently in each job position;

c) Annual evaluation and ranking results, as well as regular monitoring and evaluation results of civil servants expected to be assigned to new job positions;

d) The number of civil servants meeting the standards and conditions to be assigned to new job positions;

đ) Selection plans if there are surplus positions.

Article 24. Implementation of job position changes for civil servants

1. Job position changes involving leadership and management positions shall be carried out according to the decision of the competent authority regarding cadre work.

2. Job position changes involving civil servant ranks classified at a higher level of specialty and expertise than the current held rank

a) The head of the competent authority managing civil servants decides or delegates authority to establish a Board to assess whether the civil servant meets the standards and conditions according to the job position change plan of the using agency.

The Board consists of: the leadership collective, representative of the Party organization of the using agency, and other components decided by the head of the competent authority. The number of Board members must be odd. The Board only convenes when at least two-thirds of its members participate. The Board operates collectively and decides by majority; in case of equal votes, it follows the opinion of the Chairman of the Board. The meeting of the Board is recorded in minutes.

b) The head of the competent authority managing civil servants decides or delegates authority to decide on the job position change and corresponding rank for the civil servant based on the new job position.

3. Job position changes involving civil servant ranks at the same level of specialty and expertise but different from the current held rank.

The head of the using agency decides within their authority or proposes the competent authority to issue a decision on the job position change and corresponding rank for the civil servant based on the new job position.

4. Job position changes involving civil servant ranks classified at a lower level of specialty and expertise than the current held rank. The head of the using agency decides within their authority or proposes the competent authority to issue a decision on the job position change and corresponding rank for the civil servant based on the new job position in the following cases:

a) The civil servant does not meet the requirements of the task;

b) The civil servant voluntarily submits a request to change to a job position with a civil servant rank classified at a lower level of specialty and expertise than the current held rank.

In cases where there is no suitable job position matching the ability and qualifications or the number has already been fully allocated according to the ratio of civil servants needed for each job position approved by the competent authority, the head of the competent authority decides to terminate the employment.

Section 2

TRANSFERS AND DETACHMENTS OF CIVIL SERVANTS

Article 25. Transfer of civil servants

1. Civil servant transfers shall be carried out in the following cases:

a) According to specific task requirements;

b) According to planning and utilization plans for civil servants within agencies and organizations and between agencies and organizations as decided by the competent authority;

c) Position conversion as prescribed by the Party and laws.

2. Authority to transfer civil servants:

The head of the agency or organization assigned or delegated authority to manage civil servants decides on the transfer of civil servants under their management or reports to the competent authority for decision-making as prescribed by law.

3. Procedures and formalities for transferring civil servants:

a) Based on planning, work needs, and the ability and specialties of the civil servant, the head of the agency or organization assigned or delegated authority to manage civil servants builds a plan and measures for transferring civil servants within their management scope, reports to the competent authority for review and decision-making;

b) Compile a list of civil servants needing to be transferred;

c) Specific measures for each case;

d) For civil servants holding leadership and management positions, the procedures and formalities for transferring them shall be implemented as stipulated in Clause 3, Article 33 of this Decree for the appointment of leadership and management civil servants from another source.

4. Before deciding to transfer a civil servant, the head of the agency assigned or delegated authority to manage civil servants should meet with the civil servant to clearly state the purpose and necessity of the transfer, listen to their opinions before making a decision within their authority or reporting to the competent authority for review and decision-making.

5. Cases where transfers will not be implemented

a) Civil servants currently undergoing disciplinary review or punishment;

b) Civil servants currently being prosecuted, investigated, or involved in inspections and audits;

c) Civil servants currently undergoing treatment for serious illness as defined by the Ministry of Health;

d) Civil servants currently participating in long-term studies or detached assignments as decided by the competent authority;

đ) Female civil servants during pregnancy, maternity leave, or caring for children under 36 months old, or male civil servants (in cases where the wife has died or due to other objective and irresistible reasons) caring for children under 36 months old, except in cases where they have a desire to be transferred;

e) Civil servants with special difficult circumstances confirmed by the head of the using agency, except in cases where they have a desire to be transferred;

g) Other cases decided by the head of the competent authority for transfer depending on specific situations.

Article 26. Temporary Assignment of Civil Servants

1. The temporary assignment of civil servants shall be carried out in the following cases:

a) In response to urgent tasks;

b) To perform work that needs to be resolved within a specific period of time.

2. The duration of the temporary assignment of civil servants shall not exceed three years, except in cases where it is implemented according to the provisions of specialized laws. Upon completion of the temporary assignment period, the agency or organization assigning the civil servant must consider and decide on ending or extending the temporary assignment period for the civil servant.

3. A civil servant assigned temporarily shall be subject to the allocation, arrangement, evaluation, and inspection of task performance by the agency or organization to which they are assigned, but still belongs to the establishment of the agency or organization assigning the temporary assignment, including cases where a civil servant holding a leadership or management position is temporarily assigned to hold a corresponding leadership or management position.

4. Authority for the temporary assignment of civil servants:

The head of the agency or organization responsible for managing civil servants shall decide on the temporary assignment of civil servants under their management authority or submit to the competent authority for decision according to the law.

5. Procedures and formalities for the temporary assignment of civil servants:

a) The agency or organization where the civil servant is currently working and the agency or organization to which they are assigned shall exchange written documents and reach consensus;

b) The head of the agency or organization where the civil servant is currently working shall decide according to their authority or submit to the competent authority for decision according to the law.

6. Before deciding on the temporary assignment of a civil servant, the head of the agency or organization responsible for managing civil servants must meet with the civil servant to clearly state the purpose and necessity of the temporary assignment, listen to the civil servant's opinions before making a decision according to their authority or reporting to the competent authority for consideration and decision.

7. Cases where temporary assignment is not implemented shall be carried out according to the provisions of Clause 5, Article 25 of this Decree.

Article 27. Regulations and Policies for Civil Servants Assigned Temporarily

1. A civil servant holding a leadership or management position who is reassigned to another position with a lower post allowance than the current position shall retain the post allowance for six months.

2. The agency or organization assigning the civil servant temporarily shall be responsible for paying the salary and ensuring other benefits of the civil servant during the temporary assignment period; arranging suitable work for the civil servant upon completion of the temporary assignment period. In cases where the agency or organization to which the civil servant is assigned has special regulations and policies, in addition to the salary and other benefits paid by the agency or organization assigning the civil servant temporarily, the civil servant shall also enjoy special benefits paid by the agency or organization to which the civil servant is assigned.

3. In cases where a civil servant is temporarily assigned to work in mountainous areas, border regions, islands, remote areas, ethnic minority regions, or regions with particularly difficult economic and social conditions, they shall enjoy preferential benefits according to the law.

Section 3

APPOINTMENT OF LEADERSHIP AND MANAGEMENT CIVIL SERVANTS

Article 28. Term of Office

1. The term of office for each appointment of a leadership or management position is five years, calculated from the date the appointment decision takes effect, except in cases where the term is less than five years according to the provisions of specialized laws.

2. Leadership and management civil servants may be reappointed without limitation on the number of times, except in cases where there are different provisions made by the Party or specialized laws.

Article 29. Standards and Conditions for Appointment

1. Ensuring general standards as prescribed by the Party and the law, and specific standards for the position to be appointed as stipulated by the competent authority.

2. For personnel from the local source, they must be planned for the position to be appointed or for a similar or higher position. For personnel from other sources, they must be planned for a similar or higher position. In special cases, this shall be reviewed and decided by the competent authority.

Where newly established agencies, organizations, or units have not yet completed the approval of planning, it shall be reviewed and decided by the competent authority.

3. Having served the required time in the position held or in a similar position as prescribed by the competent authority.

4. Having personal files and resumes verified, with declarations of assets and income as prescribed. Meeting the standards and conditions for leadership and management positions.

5. Age requirements for appointment:

a) Civil servants proposed for initial appointment to a leadership or management position or proposed for appointment to a higher leadership or management position must be old enough to serve the full term of appointment. The age calculation for appointment shall be carried out according to the regulations of the competent authority. Special cases shall be reviewed and decided by the competent authority;

b) Civil servants appointed to a new position equivalent to or lower than their current position shall not be subject to the age requirement stipulated in point a of this clause.

6. Being in good health to fulfill assigned tasks and responsibilities.

7. Not being in any of the prohibited situations for holding a position; not currently undergoing disciplinary action; not currently under investigation, prosecution, trial; not currently implementing provisions related to disciplinary actions as prescribed by the Party and the law.

Article 30. Responsibilities in the Work of Appointing Civil Servants to Leadership and Management Positions

1. The head and members of the Party committee, leaders of agencies and organizations have the responsibility to propose candidates and provide comments and evaluations on the proposed candidates.

2. The collective Party committee, the collective leadership of agencies and organizations discuss, comment, evaluate, decide, or propose to the competent authority for review and decision.

3. Individuals and collectives proposing appointments must be responsible before the competent authority for their proposals, comments, evaluations, conclusions on political standards, moral character, lifestyle; work capacity, strengths and weaknesses of the proposed candidates.

4. The agency in charge of organizational cadres and related agencies are responsible for the results of the assessment and proposal of candidates within their functions, duties, and powers.

5. The collective leadership, the head deciding on appointments are responsible for their decisions; leading and directing the inspection, supervision, and handling of violations in cadre work.

6. Civil servants proposed for consideration and appointment must be responsible for declaring their personal history, files, asset and income declarations, and explaining related contents.

Article 31. Authority for Appointment

1. For positions under the management of the Politburo and the Secretariat, the authority for appointment shall be implemented according to the regulations of the Politburo on分级管理干部.

2. For other leadership and management positions, the authority for appointment shall be implemented according to the regulations on分级管理干部of the Party committees at all levels.

Article 32. Procedures for appointing civil servants to leadership and management positions under the purview of the Politburo and Secretariat

1. The procedures for appointing civil servants to leadership and management positions under the purview of the Politburo and Secretariat shall be carried out in accordance with the regulations of the Politburo on cadre appointment.

2. For positions delegated by the Politburo and Secretariat to the Standing Committee of the Party Central Committee of the Government to decide, in addition to following the appointment procedures prescribed by the Politburo, the following actions must also be taken:

a) The agency or organization requesting the appointment must submit to the Standing Committee of the Party Central Committee of the Government and the Prime Minister for their unified opinion on the appointment policy before submitting to the Secretariat for consideration and decision;

b) If the agency or organization requests the Standing Committee of the Party Central Committee of the Government and the Prime Minister to consider and decide on the specific personnel appointment, they must simultaneously send the application dossier for appointment to the Ministry of Home Affairs for review.

3. For positions that require pre-appointment review of personnel by the Central Party Committees prior to the decision by the Standing Committee of the Party Central Committee of the Government and the Prime Minister, in addition to following the appointment procedures prescribed by the Politburo, the following actions must also be taken:

a) The agency or organization requesting the appointment must submit to the Standing Committee of the Party Central Committee of the Government and the Prime Minister for their unified opinion on the appointment policy, while simultaneously sending the dossier to the Ministry of Home Affairs for review and the Central Organization Department for monitoring.

b) If the agency or organization requests the Standing Committee of the Party Central Committee of the Government and the Prime Minister to consider and decide on the specific personnel appointment, they must simultaneously send the application dossier for appointment to the Ministry of Home Affairs for review.

Article 33. Procedures for appointing civil servants to leadership and management positions within the purview of Ministries, sectors, and localities

1. Requesting the principle of appointment:

a) The leadership body or party committee of the agency, organization, or unit requesting the appointment of civil servants to leadership and management positions must submit a written request to the competent authority for appointment, clearly stating the number of positions and titles needing to be filled, the proposed personnel sources, and the proposed assignment of specific areas and tasks;

b) Within at most 15 working days from the date of receipt of the request, the competent authority for appointment must examine and decide on the principle of appointment, specifying the proposed personnel sources and other contents (if any);

c) Within at most 30 working days from the date of the agreement on the principle of appointment, the agency, organization, or unit must complete the personnel process according to the regulations. In case it has not been completed, the agency, organization, or unit must report to the competent authority for appointment for examination and guidance.

2. Implementing the appointment process for in-house personnel sources:

The appointment process for in-house personnel sources consists of five steps; meetings can only be held when at least two-thirds of those summoned are present.

The ratio of nomination ballots is calculated based on the total number of those summoned. Nomination ballots for personnel appointments at steps 2, 3, 4, and 5 are issued by the meeting organizing committee, stamped with the seal of the agency, organization, or unit, or signed directly by the chairperson if the agency, organization, or unit does not have a seal; the content of the meeting and the ballot counting results at these steps are recorded in minutes. The number of nomination ballots prepared corresponds to the number of those summoned and distributed according to the number of attendees. Representatives of the agency or department responsible for organizational and cadre affairs attend all steps but do not vote (except in cases where they are part of the voting group).

The summoning components are implemented according to the provisions of this clause.

a) Step 1: First Leadership Body Meeting

Based on the appointment principle, the requirements of the agency, organization, or unit, and the personnel planning, the head and the leadership body review and unify the structure, standards, conditions, and personnel process; examine the list of all individuals planned from the in-house personnel source (including those planned for equivalent or higher positions); review the evaluation and assessment results for each planned individual and approve the list of individuals meeting the specified standards and conditions for nomination at the next step. The nominated list must meet the standards and conditions stipulated by the Party and the law and align with the appointment principle.

Components: The head and deputy heads of the agency, organization, or unit. Discussion outcomes and proposals are recorded in minutes.

b) Step 2: Expanded Leadership Body Meeting

The head discusses the personnel appointment direction for the meeting to discuss and nominate personnel through secret ballots.

Components: The leadership body as defined in point a of this clause; the Standing Committee of the same-level Party Committee (for grassroots Party organizations) or the same-level Party Committee (for basic Party organizations) of the agency, organization, or unit; the heads of subordinate units (if any).

Nomination and selection principles: Each participant nominates one person for one position; the person receiving more than 50% of the nomination votes is selected. If no one receives more than 50% of the nomination votes, all those receiving 30% or more nomination votes are selected for nomination at the next step; if no one reaches 30% of the nomination votes, further steps are not continued, and the competent authority is reported for examination and guidance.

The ballot counting results are not announced at this meeting.

c) Step 3: Second Leadership Body Meeting

Based on the nominations from step 2, the leadership body discusses and nominates personnel through secret ballots.

Components: Implemented as per the provisions of step 1.

Nomination and selection principles: Each member nominates one person for one position among those nominated at step 2 or another person meeting the specified standards and conditions; the person receiving more than 50% of the nomination votes is selected. If no one receives more than 50% of the nomination votes, all those receiving 30% or more nomination votes are selected for nomination at the next step; if no one reaches 30% of the nomination votes, further steps are not continued, and the competent authority is reported for examination and guidance.

In case the personnel introduced at this stage differs from those introduced at Step 2, the leadership collective shall discuss, examine, and decide on the selection of personnel to introduce at the next step through secret ballots within their authority and bear responsibility for their decision. The selected person must be recommended by at least two-thirds of the total number of members of the leadership collective. If no candidate receives sufficient votes, the subsequent steps will not be continued, and a report will be submitted to the competent authority for examination and guidance.

The voting results shall be announced at this conference.

d) Step 4: Conference of Key Cadres

Solicit opinions of key cadres based on the list of personnel introduced at Step 3.

Participants: Expanded leadership collective as stipulated in Point d Clause of this Article; heads of political and social organizations of the agency, organization, or unit (if any); deputy heads of agencies, organizations, units under and directly subordinate (if any).

In cases where leaders and managers of units that are constituent parts or of agencies, organizations, or units with subordinates but fewer than thirty people, or of agencies, organizations, or units without subordinates are appointed, the participants include all civil servants of such agencies, organizations, or units.

Procedure for soliciting opinions: Announce the list of personnel introduced at Step 3; summarize curriculum vitae, educational and work history; asset and income declaration forms as prescribed by law; evaluate strengths, weaknesses, development prospects, and proposed job assignments.

Record or mark ballots recommending personnel (signatures may or may not be required). Voting results will not be announced at this conference.

đ) Step 5: Leadership Collective Conference (third time)

Prior to convening the conference, the agency, organization, or unit shall request the same-level Party Committee to provide written comments and evaluations on the candidates; conduct verification and conclude on any new issues arising (if any) concerning the candidates.

The leadership collective shall discuss and vote on the candidates.

Components: Implemented as per the provisions of step 1.

Implementation procedure: Based on the written comments and evaluations of the same-level Party Committee; the results of the voting at previous conferences; conclusions on any new issues arising (if any) concerning the candidates proposed for appointment, the leadership collective shall discuss and vote on the candidates through secret ballots.

Selection principle: The candidate receiving more than 50% of the recommendation votes shall be chosen for nomination. In case two candidates have the same number of votes reaching 50%, the head shall consider and choose the candidate for nomination; simultaneously report all differing opinions to the competent authority for examination and decision.

The head of the agency, organization, or unit shall issue the appointment decision within their authority or submit it to the competent authority for examination and decision as prescribed.

3. Appointment process for personnel from other sources:

In cases where personnel are proposed for transfer and appointment from outside the agency, organization, or unit by the competent authority or suggested by the agency, organization, or unit (from outside the agency, organization, or unit), the agency's advisory body on organizational structure and human resources with appointment authority shall carry out the following three steps:

Step 1: Exchange views and solicit opinions of the leadership collective of the agency, organization, or unit where the appointment is proposed regarding the appointment policy.

Step 2: Exchange views and solicit opinions of the leadership collective of the agency, organization, or unit where the personnel currently work regarding the appointment policy. The leadership collective of the agency, organization, or unit where the personnel currently work shall organize voting.

The proposed appointee must receive more than 50% of the recommendation votes (based on the total number of people summoned); if they receive 50%, the head shall consider and decide.

Obtain evaluations and comments from the agency, organization, or unit and personnel files as prescribed.

Meet the proposed appointee to discuss job requirements.

Step 3: Chair and coordinate with relevant agencies, organizations, and units to assess the personnel and prepare a report for submission to the competent authority for examination and decision.

In cases where the personnel meet the prescribed standards and conditions but the agency, organization, or unit (where the personnel currently work or where the appointment is proposed) or the proposed appointee still have differing opinions and lack consensus, the agency's advisory body on organizational structure and human resources shall report fully on all opinions and submit them to the competent authority for examination and decision.

The head of the agency, organization, or unit shall issue the appointment decision within their authority or submit it to the competent authority for examination and decision.

4. On the basis of specific conditions of the agency, organization, the Minister, the Head of a Ministry equivalent to a Minister, the head of an organization established by the Government or the Prime Minister which is not a public service unit, and the Chairman of the People's Committee of a province or centrally governed city shall specify the authority, procedures, and responsibilities for organizing meetings at each step; determine specifically the participants in each step of the appointment process for leadership and management positions within their jurisdiction, ensuring compliance with the principles prescribed by the competent authority, as stipulated in this Decree and other related regulations.

Article 34. Appointment in other cases

1. Appointment in cases of merger, consolidation, division, restructuring, and organizational model conversion:

a) In case the position held by the civil servant in the former agency, organization, or unit is equivalent to or higher than the proposed position in the new agency, organization, or unit, the competent authority shall base on the quality, capacity, and reputation of the civil servant to consider and decide on appointment without having to follow the prescribed appointment procedures; the term of office shall be calculated from the new appointment decision;

b) In case the name of the agency, organization, or unit is changed but the organizational model remains unchanged, the competent authority decides to change the position according to the new job position; the term of office shall be calculated from the old appointment decision; there is no need to follow the appointment procedures and no need to establish an appointment file as prescribed;

c) In case the position held by the civil servant in the former agency, organization, or unit is lower than the proposed position in the new agency, organization, or unit, the appointment shall be carried out following the appointment procedures for personnel from another source;

d) In case the new agency, organization, or unit has not yet established a leadership team or no longer has a leadership team where the civil servant works, the competent authority shall appoint based on the approved Project, the report of the agency or department responsible for organizational and cadre affairs to unify with the Standing Committee of the same-level Party Committee (for upper-level Party organizations) or the same-level Party Committee (for grassroots Party organizations) before issuing the appointment decision.

2. The representative of the direct superior agency shall preside over the implementation of the appointment procedures for the following cases:

a) Appointment of the head and deputy heads of the newly established agency, organization, or unit;

b) In case the appointment procedures are implemented at a time when the agency, organization, or unit only has one leader who is the head or deputy head, or the appointment of the head of the agency, organization, or unit;

c) In case the appointment procedures are implemented at a time when internal leadership of the agency, organization, or unit lacks unity, many people violate discipline, and if the appointment procedures are implemented, it will lack objectivity;

d) In case due to natural disasters, accidents, or other force majeure reasons, the agency, organization, or unit no longer has leaders or managers.

The procedure and process shall be carried out in accordance with Article 33 of this Decree.

3. In case the agency, organization, or unit has not yet fully staffed the head or is absent from the head for a long period of time, to ensure the full performance of the head's responsibilities and rights and the regular operation of the agency, organization, or unit, the competent authority may appoint and decide to delegate the head's powers to the deputy head of that agency, organization, or unit, except in cases decided by the competent authority. The delegation period does not count towards the term of office when appointed.

4. In case Ministries, agencies at the level of ministries, agencies under the Government, organizations established by the Government or the Prime Minister that are not public service units, provincial People's Committees, and centrally-administered city People's Committees implement the probationary leadership and management system; pilot delegation of powers and responsibilities to the head in appointing deputies (from local sources or from outside sources) and for the appointment and removal of heads of agencies, organizations, or units under their direct administrative management according to the Party's policy, the implementation process shall follow the guidance of the competent authority.

Article 35. Appointment File

The personnel appointment file must be truthfully, accurately, and fully filled out according to the contents specified in the items and must be confirmed or certified by the competent authority in accordance with the regulations, including:

1. A proposal for appointment signed by the head of the agency, organization, or unit (for cases where the superior authority with decision-making power on appointment is requested); or signed by the head of the agency's advisory department on organizational affairs and cadres (for cases where the head of the agency, organization, or unit makes the decision).

2. Minutes of the meeting, summary of voting results attached to the ballot counting records at each stage of the appointment process.

3. A personal curriculum vitae filled out by the individual according to the prescribed form with a color photograph measuring 4x6 cm affixed, confirmed and stamped by the directly managing agency; a photograph taken within six months prior to the submission of the file.

4. A self-assessment report of the three most recent years of work.

5. Evaluations and comments from the party cell and the party committee of the workplace; evaluations and comments over the last three years from the leadership collective of the agency, organization, or unit regarding moral character, lifestyle, organizational discipline awareness, internal unity, work capacity, performance of assigned responsibilities and tasks (including specific products and achievements in work, limitations, shortcomings, violations if any, reputation, and prospects for development).

6. Comments from the local party cell where the individual resides concerning the individual and their family. In cases where the place of residence of the individual differs from that of the family, comments from the party cells of both places must be obtained.

7. Conclusions on political criteria by the competent party committee in accordance with the Central Committee’s regulations on protecting internal political security of the Party.

8. Declaration of assets and income as prescribed.

9. Copies of certificates and diplomas required by the position standards. In cases where the personnel have certificates issued by foreign educational institutions or domestic institutions linked with foreign ones, recognition shall be carried out in accordance with the law.

10. Health certificate issued by a competent medical facility within six months prior to the submission of the file.

Where components of the appointment file stipulated in this Article have been approved by the competent authority and exist in the national database, they may be used to replace the corresponding paper versions.

Section 4

REAPPOINTMENT AND EXTENSION OF LEADERSHIP AND MANAGEMENT POSITIONS

Article 36. Time Points, Duration, and Principles for Reappointment or Extension of Leadership and Management Positions

1. When the term of office of a leading and managing civil servant expires as prescribed, the competent agency or organization must proceed with the reappointment or extension of the term of office of the leadership and management position. In cases where the reappointment or extension procedure has not been completed as prescribed in Clause 5 of this Article or has been completed but new circumstances arise such that the civil servant does not have a reappointment or extension decision when the term of office expires, the appointing authority must issue a notification for the agency, organization, unit, and the civil servant to be aware.

2. When the term of office of a leading and managing civil servant expires and there are less than five years of service until retirement age, if reappointed, the term of reappointment will be calculated up to the retirement age as prescribed.

If there are less than two years of service until retirement age, the appointing authority will consider and decide to extend the term of office of the leadership and management position up to the retirement age as prescribed if the criteria and conditions are met.

3. Decisions on reappointment or extension of the term of office of leadership and management positions must be issued at least one working day before the expiration of the current term of office.

In cases where due to objective reasons, the decision on reappointment or extension of the term of office of leadership and management positions is signed after the expiration of the current term of office, the term of office of the new decision will be calculated from the date of expiration of the previous decision and must be clearly stated in the decision.

4. When the term of office of a leading and managing civil servant expires without a reappointment or extension decision from the competent authority, the civil servant shall not perform the duties, tasks, and authorities of the current leadership and management position. The performance of these duties, tasks, and authorities shall be considered and decided by the appointing authority.

5. Cases where the reappointment or extension procedures have not been implemented:

a) Leading and managing civil servants who are currently under disciplinary action, under investigation, prosecution, or trial;

b) Leading and managing civil servants who are currently studying or working abroad for three months or more at the request of the competent agency or organization;

c) Leading and managing civil servants who are currently hospitalized for three months or more at healthcare facilities or on maternity leave.

6. When the term of office of a leading and managing civil servant expires while they are undergoing disciplinary action but are not subject to mandatory removal or resignation according to Party and legal regulations, the competent appointing authority shall base its discussion and consideration on the quality, ability, and reputation of the civil servant; the reasons, motives, shortcomings, and nature and extent of the impact of the violation (if any) and the results of remedying the consequences (if any) to decide on reappointment or extension of the term of office of the leadership and management position.

7. If a leading and managing civil servant is not reappointed, the competent authority shall consider and decide on alternative job assignments according to the principle of not assigning equivalent or higher positions.

Article 37. Criteria and Conditions for Reappointment

1. Completion of duties during the term of holding a leadership or management position.

2. Meeting the criteria for the leadership or management position as prescribed by the competent authority at the time of reappointment.

3. The agency or organization has a need for a leadership or management position.

4. Having sufficient health to fulfill assigned tasks and responsibilities.

5. Not falling under any circumstances prohibited from assuming a position as stipulated by law.

Article 38. Authority to Decide on Reappointment and Extension of Tenure until Retirement Age

The level that has the authority to appoint shall also have the authority to reappoint and extend the tenure of a leadership or management position until retirement age.

Article 39. Procedures for Reappointment

1. At least ninety days before the end of the appointment term, the competent authority must issue a notice to initiate the process of considering reappointment for civil servants.

2. Civil servants submit self-assessment reports on their performance of assigned tasks and responsibilities during the term of holding the position to the competent authority.

3. Organize a meeting of key cadres to solicit opinions on reappointment.

Composition: Follows the provisions of Step 4 of the procedure for appointing civil servants to leadership or management positions as stipulated in this Decree.

Procedure: The civil servant being considered for reappointment submits a self-assessment report on their performance during the term of holding the position; the meeting provides feedback and votes confidentially on the civil servant being considered for reappointment.

The minutes of the meeting and the voting results are submitted to the competent authority. The voting results are not announced at this meeting.

4. The head of the agency, organization, or unit directly using the services of the civil servant evaluates, comments, and proposes reappointment.

5. The leadership body discusses and votes on personnel:

Composition: Follows the provisions of Point d Clause 2 Article 33 of this Decree (Step 5).

Procedure:

Analyze the results of the vote at the meeting of key cadres. The civil servant proposed for reappointment must obtain more than 50% of the recommendation votes (based on the total number of people invited to attend the meeting of key cadres); if they achieve 50%, it will be decided by the head; if less than 50%, report to the competent authority for consideration and decision on continuing the process.

Verify and conclude any new issues arising (if any).

Solicit written opinions from the same-level party committee regarding the proposed personnel for reappointment.

The leadership body discusses, evaluates, comments, and votes on personnel confidentially. The proposed personnel for reappointment must obtain more than 50% of the recommendation votes from the leadership body; if the personnel achieve 50%, the head decides according to their authority or refers to the competent authority for consideration and decision; if less than 50%, report all differing opinions for the competent authority to consider and decide.

The head of the agency, organization, or unit makes the decision according to their authority or refers to the competent authority for consideration and decision.

Article 40. Procedures for Extending the Term of Holding a Leadership or Management Position until Retirement Age

1. At least ninety days before the end of the appointment term, the competent authority responsible for extending the term of holding a leadership or management position must issue a notice to initiate the process of considering extension of the term of holding a leadership or management position until retirement age for civil servants.

2. Civil servants submit self-assessment reports on their performance of assigned tasks and responsibilities during the term of holding the position, to the competent authority responsible for extending the term of holding a leadership or management position.

3. The head and the leadership body discuss and examine, if the civil servant still has good health, reputation, and meets the requirements of the task, then they agree and vote confidentially.

The proposed personnel for extending the term of holding a leadership or management position must obtain more than 50% approval from the total number of members of the leadership body; if the personnel achieve 50%, the head decides; simultaneously report all differing opinions for the competent authority to consider and decide.

The head of the agency, organization makes the decision according to their authority or refers to the competent authority for consideration and decision on extending the term of holding a leadership or management position until retirement age for civil servants.

Article 41. Documents for Reappointment and Extension of Tenure until Retirement Age

1. The application documents for reappointment shall be implemented according to the provisions of Article 35 of this Decree; for self-assessment reports, they must cover the entire tenure period. In cases where there are new circumstances affecting previous political standards conclusions, a new Conclusion on Political Standards from the competent Party Committee is required.

2. The application documents for extending tenure until retirement age include:

a) A proposal regarding the extension of tenure until retirement age signed by the head of the agency or organization (for cases submitted to higher authorities with decision-making power) or by the head of the personnel advisory body (for cases where the agency head has decision-making power).

b) Minutes of meetings and results of voting on the extension of leadership and management tenure by the leadership collective of the agency or organization.

c) A personal curriculum vitae filled out according to the prescribed form, confirmed by the directly managing agency, with a recent color photograph measuring 4x6 cm taken within six months.

d) A self-assessment report on the performance of duties during the tenure period.

đ) For political standards conclusions: In cases where there are new circumstances affecting previous conclusions, a new Conclusion on Political Standards from the competent Party Committee is required.

e) Comments from the local branch party committee regarding the individual and their family. If the individual's place of residence differs from that of their family, comments from both the individual’s and the family’s local branch party committees are required.

g) A declaration of assets and income according to the prescribed form.

h) A health certificate issued by a competent healthcare facility within six months.

Where components of the application documents for extending tenure until retirement age as stipulated in Clause 2 of this Article have been approved by the competent authority and exist in the national database, they may be used to replace the corresponding paper versions.

Section 5

TRANSFER OF LEADERSHIP AND MANAGEMENT CIVIL SERVANTS

Article 42. Objectives and Scope of Transfer

1. Transfer Objectives:

a) Leadership and management civil servants included in the planning of agencies and organizations.

b) Leadership and management civil servants holding chief positions who, according to regulations, cannot serve more than two consecutive terms in the same locality or agency.

c) Leadership and management civil servants who, according to regulations, cannot be appointed from the local area.

2. Based on task requirements, planning, and plans for using civil servants, leadership and management civil servants can be transferred within the system of agencies of the Communist Party of Vietnam, State, Vietnam Fatherland Front, and political-social organizations.

3. The positions for transfer are carried out according to the policies of the Party and the decisions of competent authorities.

Article 43. Criteria and Conditions for Transfer

1. Firm political stance and ideology, good moral character.

2. Professional qualifications, vocational skills, theoretical political knowledge, work capabilities, and potential for development.

3. Meeting the criteria and conditions specified for the position being transferred to.

4. Having at least ten years left in service calculated from the date of transfer. For leadership and management civil servants transferred to implement policies of not appointing locals or not serving more than two consecutive terms in the same locality, agency, or organization, they must have sufficient remaining service time according to the appointment term. Special cases are decided upon by the competent authority.

5. Holding a health certificate issued by a competent healthcare facility within six months.

Article 44. Authority and responsibility for implementing rotation

1. The authority to decide on rotation shall be carried out in accordance with the regulations on the分级管理干部的权限和法律规定。

2. Responsibilities for implementation:

a) The authority having the power to decide on rotation: Leading and directing the development of rotation plans and job assignments for civil servants after rotation; implementing procedures and processes to ensure democracy, transparency, and fairness; inspecting, supervising, and handling violations; managing, evaluating, and providing annual comments on civil servants who have been rotated; summarizing and concluding on the work of rotating leading and managerial civil servants;

b) The sending agency: Providing comments and evaluations on civil servants proposed for rotation; coordinating with relevant agencies in management, supervision, and maintaining regular contact with rotated civil servants; being responsible for receiving, assigning, or proposing assignments for civil servants after rotation;

c) The receiving agency: Strictly implementing decisions on rotation made by the competent authority; being responsible for assigning work, creating a favorable environment and conditions for rotated civil servants to fully utilize their strengths; managing, evaluating rotated civil servants during the rotation period; coordinating with relevant agencies to propose arrangements and utilization of civil servants after rotation;

d) Rotated civil servants: Strictly adhering to regulations, rules, and job assignments from the competent authority, the sending agency, and the receiving agency; cultivating, honing skills, utilizing strengths, and striving to complete assigned tasks well; subject to inspection, supervision, and periodic or ad hoc reporting as required by the management agency; maintaining contact with the sending agency;

e) Organizations and units' personnel planning departments: Taking the lead and coordinating with relevant agencies in advising and developing rotation plans; providing comments, evaluations, and proposals for job assignments before and after rotation; advising on summaries and conclusions regarding rotation work;

f) Relevant agencies: Participating in reviewing, examining, and auditing personnel for rotation according to their functions, responsibilities, and requirements of the competent authority; coordinating with the organization and personnel planning department in inspection, supervision, and participating in opinions on job assignments for civil servants after rotation.

Article 45. Rotation Plan

1. Based on planning, job requirements, and the capabilities and strengths of civil servants, the competent authority shall develop a rotation plan for leading and managerial civil servants within its jurisdiction, submit it to the competent authority for approval. The rotation plan includes the following contents:

a) Number, needs, positions, and titles for rotation;

b) Forms of rotation;

c) Areas for rotation;

d) Duration of rotation;

e) Necessary systems and policies to ensure implementation;

f) Proposed arrangements for civil servants after rotation;

g) Time to start implementing the rotation plan.

2. Based on the approved plan, the competent authority shall list leading and managerial civil servants for rotation, specify specific measures for each case, and implement the rotation.

Article 46. Rotation Procedure

1. Step 1: Proposing the Policy:

Based on the needs for rotation of leading and managerial civil servants at the competent level, the organization and cadre advisory body reviews and evaluates the group of leading and managerial civil servants within the agency or organization; develops a rotation plan to submit to the competent authority for consideration and approval.

2. Step 2. Proposing Candidates for Rotation:

Based on the policy of the competent authority, the advisory body for organizational and cadre work informs relevant localities, agencies, and organizations to propose candidates for rotation.

3. Step 3: Preparing Candidates for Rotation:

a) The organization and cadre advisory body compiles proposals from localities, agencies, and organizations; conducts a review of criteria and envisages the areas, positions, and candidates for rotation;

b) The organization and cadre advisory body or the competent authority sends documents to seek comments and evaluations from the party committees and using agencies or organizations regarding the moral character, lifestyle, working capacity, reputation, work history, strengths, and weaknesses of the proposed candidates for rotation; concludes on political standards according to Party regulations, reports to the competent authority for consideration and decision on rotation.

4. Step 4: Exchanging with Relevant Agencies and Proposed Rotating Civil Servants:

a) The organizational and cadre advisory body sends documents to seek the appraisal opinions of relevant agencies, exchanges with sending and receiving locations about envisaged areas, positions, and candidates for rotation; compiles the results of appraisals from relevant agencies;

b) Organizes meetings with rotating civil servants to convey the purpose and requirements of rotation; understands their thoughts, aspirations, and responsibilities.

5. Step 5: Implementing Rotation:

a) The organization and cadre advisory body submits to the competent authority for consideration and decision on rotation;

b) The competent authority leads and directs the implementation of the rotation decision;

c) The competent authority coordinates with relevant agencies to organize inspections, supervision, handling of violations, management, evaluation, and assessment of rotating civil servants during the rotation period;

d) The sending agency coordinates with relevant agencies to assign and arrange policies for civil servants after rotation, submitting to the competent authority for consideration and decision.

Article 47. Files of Rotating Civil Servants

The files of rotating civil servants shall be implemented as prescribed for appointment files under Article 35 of this Decree.

Article 48. Duration of Rotation

The duration of rotation must be at least three years (36 months) for each rotation. Special cases are decided upon by the competent authority.

Article 49. Evaluation and Assessment of Rotating Civil Servants

1. The party committee, party organization, leadership collective, and heads of agencies where rotating civil servants are assigned conduct periodic annual evaluations or as required by the competent authority; report to the competent authority as prescribed; simultaneously send to the sending agency and the organization and cadre advisory body for coordination and monitoring as prescribed.

2. When the rotation period ends or when proposing other job assignments:

a) Rotating civil servants self-assess their work performance during the rotation period;

b) The leadership collective and party committee of the receiving agency evaluate the rotating civil servants during their work at the location, agency, organization, or unit;

c) The competent authority deciding on rotation evaluates and assesses.

3. The party committee, party organization, and leadership collective of agencies, organizations, or units bear responsibility before the competent authority for their evaluations, assessments, and conclusions on rotating civil servants.

Article 50. Arrangement of civil servants after rotation

1. The consideration of arrangement and assignment of civil servants after rotation must be based on the requirements for cadre work, job requirements, actual circumstances, work results, capabilities, and specialties of the rotating civil servant, in conjunction with the implementation of the political tasks of the locality, agency, organization, or unit, and the assessment results of the competent authority.

2. In cases where the competent authority decides to continue arranging stable work for the rotating civil servant at the destination locality or agency, such civil servant will no longer be considered a rotating civil servant as prescribed.

Article 51. Treatment and policies for rotating civil servants

1. Civil servants who rotate to a position with a lower post allowance than their previous position's post allowance shall retain their current post allowance during the rotation period.

2. Civil servants who rotate to work in mountainous areas, border regions, islands, remote areas, ethnic minority regions, or regions with particularly difficult socio-economic conditions shall enjoy preferential treatment according to the provisions of the law.

3. Rotating civil servants shall enjoy housing allocation policies, travel support, living expenses, and other policies (if applicable).

4. Rotating civil servants who achieve outstanding results (with recognized initiatives or specific work products) may be considered for salary advancement ahead of schedule according to the provisions of the law; they shall be given priority when considering work arrangements after rotation.

Chapter 6

RESIGNATION, REMOVAL FROM OFFICE FOR LEADERSHIP AND MANAGEMENT CIVIL SERVANTS AND TEMPORARY SUSPENSION OF WORK FOR CIVIL SERVANTS

Article 52. Resignation for leadership and management civil servants

1. The consideration of resignation for civil servants holding leadership and management positions shall be carried out in the following cases:

a) Voluntary resignation from leadership and management positions;

b) Due to limitations in capability or no longer having sufficient health or credibility to fulfill assigned responsibilities and tasks;

c) Causing serious violations in the agencies, organizations, or units under their management or responsibility;

d) Receiving more than 50% but not exceeding 2/3 of low trust votes in the period specified by the competent authority;

e) For other legitimate reasons.

2. Resignation shall not be considered for civil servants holding leadership and management positions if they fall within any of the following cases:

a) Currently undertaking national defense or security tasks; currently undertaking important or confidential tasks; disaster prevention and control, epidemic prevention; immediate resignation would seriously affect the common interests of the Party and the State;

b) Within the period of inspection, examination, or being indicted, investigated, prosecuted, or tried.

3. Procedure for considering resignation:

a) Leadership and management civil servants submit a resignation letter;

b) Within ten working days from the date of receipt of the resignation letter, the agency or department responsible for organizational and cadre affairs, or the head of the agency, organization, or unit where the civil servant works, shall have the responsibility to discuss with the civil servant and report to the competent authority that appointed them for consideration and decision;

c) Within ten working days from the date of receipt of the proposal from the agency or department responsible for organizational and cadre affairs, the competent authority that appointed them shall consider and decide on the resignation of the civil servant; in case of necessity due to objective reasons, it can be extended but not exceed fifteen working days.

4. Civil servants who do not submit a resignation letter but fall within any of the cases stipulated in points b, c, or d of Clause 1 of this Article shall be subject to the competent authority's consideration and decision for appropriate work arrangements.

5. Civil servants who submit a resignation letter but have not been agreed upon by the head of the agency, organization, or unit where they work or the competent authority shall still continue to perform their assigned duties and responsibilities.

6. Documents for considering resignation:

a) Resignation letter;

b) Proposal from the agency or department responsible for organizational and cadre affairs;

c) Other related documents.

7. After resignation, leadership and management civil servants who wish to continue working shall be considered for appropriate work arrangements by the competent authority based on their capabilities, ethics, and experience, in accordance with the requirements of the agency, organization, or unit, and reported to the competent authority for consideration and decision.

Article 53. Removal from office for leading and managing civil servants

1. The examination and removal from office for leading and managing civil servants shall be carried out in the following cases:

a) Being disciplined with a reprimand or warning;

b) Receiving more than two-thirds of low trust votes in the period of collecting trust votes as prescribed by the competent authority;

c) Being rated at the level of not fulfilling tasks;

d) Being concluded by the competent authority to have ideological, moral, and lifestyle degradation, "self-evolution," "self-transformation"; violating prohibitions for party members; failing to set a good example, adversely affecting personal reputation and the organization or unit where they work;

đ) Being concluded by the competent authority to have violated political standards as prescribed by the Party's internal political protection regulations to the extent that removal from office is necessary;

e) Leading and managing civil servants being the head responsible for corruption or serious negative incidents occurring in subordinate organizations or units under their management or direct subordinates;

g) Other cases as prescribed by law.

2. Procedure for examining removal from office:

a) When there are sufficient grounds for removal from office for leading and managing civil servants as stipulated in Clause 1 of this Article, within ten working days from the date of having such grounds, the organizational and cadre advisory body shall be responsible for discussing with the civil servant and proposing the competent authority to examine and decide;

b) The competent authority shall examine and decide on removal from office no later than ten working days from the date of receiving the proposal; in case of necessity due to objective reasons, it may be extended up to fifteen working days.

The leadership collective of the organization or unit and the same-level Party Standing Committee must discuss and clearly determine the grounds for removal from office based on the proposal of the organizational and cadre advisory body before voting secretly. The decision to remove from office must be agreed upon by more than fifty percent of the leadership collective and the same-level Party Standing Committee; if fifty percent or less agree, then the decision will be made by the head according to their authority or referred to the competent authority for examination and decision.

3. After leading and managing civil servants are removed from office, the competent authority shall consider arranging suitable work in accordance with the requirements of the agency or unit; the civil servant shall be responsible for complying with the assignment decision of the competent authority. In the case where leading and managing civil servants are removed from office due to being rated at the level of not fulfilling tasks, the competent authority shall terminate their employment according to the provisions of the law.

Article 54. Documents for considering resignation or removal from office

1. Proposal of the organizational and cadre advisory body.

2. Related documents: Decisions, conclusions, opinions of the competent authority, resignation requests of the civil servant.

3. Minutes of meetings and vote counting records.

Article 55. Treatment and policies for leading and managing civil servants who resign or are removed from office

1. Leading and managing civil servants who resign and wish to continue working shall be considered by the competent authority for suitable job placement in accordance with their capabilities, specialties, qualifications, and training in professional and vocational fields. Job placement for civil servants requesting resignation after disciplinary action shall be implemented according to the provisions of the competent authority.

2. Leading and managing civil servants who resign and continue working shall retain their leadership position allowances as follows:

a) Retaining the current leadership position allowance until the end of the term of office for cases of resignation based on the grounds specified in points a, b, or đ Clause 1 of Article 52 of this Decree;

b) Retaining the current leadership position allowance for six months from the date of the resignation decision for cases of resignation based on the grounds specified in point c or point d Clause 1 of Article 52 of this Decree, provided that the remaining term of office is six months or more; if less than six months, it shall be implemented according to point a of this clause.

3. Leading and managing civil servants who are removed from office shall not receive leadership position allowances from the date of the removal decision. Leading and managing civil servants who wish to continue working after being removed from office shall be considered by the competent authority for placement in specialized work (not in leadership or management positions) and classified into appropriate civil service ranks corresponding to their job positions.

4. If leading and managing civil servants voluntarily request retirement or termination of employment after resignation or removal from office, they shall be resolved according to the current regulations.

Article 56. Suspension from duty for civil servants

1. Civil servants may be suspended from duty in the following cases:

a) Engaging in conduct that violates moral character and lifestyle, causing negative impacts and public dissatisfaction, adversely affecting the reputation of organizations or individuals;

b) Engaging in corrupt, negative, or burdensome behavior towards citizens, businesses, agencies, or organizations during the performance of official duties;

c) Intentionally delaying, shirking, or evading responsibilities, failing to perform tasks within their authority according to assigned functions and responsibilities;

d) Being under disciplinary review or handling but intentionally not complying with the requirements of the competent authority during the review and handling of violations, or taking advantage of their position, power, or influence, or others' influence to interfere with or create difficulties for the review and handling process, or if continuing to work could create difficulties for the disciplinary review and handling process;

đ) Having been disciplined by the Party and currently awaiting review and handling of administrative positions, where continuing to work would have a negative impact on the activities of the agency, organization, or unit;

e) Receiving a request for suspension from duty from inspection, audit, prosecution agencies, or other competent authorities;

g) Other cases as prescribed by law or at the request of the competent authority.

2. Competent authority for suspension from duty:

a) For leading and managing civil servants appointed by the head of the competent authority, the implementation shall be carried out according to the regulations of the competent authority;

b) For non-leading and managing civil servants, the decision shall be made by the head of the agency, organization, or unit employing the civil servant.

3. The duration of suspension from duty shall not exceed 15 working days; in complex cases, it may be extended but not exceeding 15 working days. The duration of suspension from duty as stipulated in point e Clause 1 of this Article shall be implemented according to the proposal of the competent authority.

The decision to suspend from duty becomes automatically invalid upon expiration of the suspension period.

4. Procedure for considering suspension from duty:

a) Within the latest two working days from when there is a basis for suspension, the agency or department responsible for organizational and cadre affairs must report and propose the head to issue a decision to suspend;

b) Within the latest two working days from receiving the proposal from the agency or department responsible for organizational and cadre affairs, the head must issue a decision to suspend the civil servant;

c) In case of incorrect suspension from duty or when it is concluded that the civil servant has not violated, within the latest three working days from having sufficient grounds, the head must issue a decision to revoke the suspension from duty decision for the civil servant, while reporting to the competent authority managing the civil servant;

d) The decision to suspend from duty and the decision to revoke the suspension from duty decision (if applicable) must be announced within the agency, organization, or unit employing the civil servant and sent to related agencies, organizations, or individuals.

5. Provisions related to civil servants suspended from duty:

a) Civil servants suspended from duty shall fulfill rights and responsibilities as prescribed by the competent authority;

b) The decision to suspend from duty serves as a basis for reviewing and classifying civil servants as not completing their tasks for that year.

6. Treatment and policies for civil servants suspended from duty:

a) During the suspension period without being subject to disciplinary review, they shall receive 50% of their current monthly salary. The current monthly salary includes: grade and level salary; seniority allowance beyond the ceiling, occupational seniority allowance, and salary retention coefficient (if applicable);

b) Leading and managing civil servants suspended from duty shall be automatically suspended from their positions and shall not receive leadership position allowances;

c) Civil servants dispatched to serve terms at overseas Vietnamese representative offices who are suspended from duty shall receive 50% of their current living expense allowance;

d) Civil servants who are not disciplined or are exonerated shall be entitled to claim the remaining 50% of their current monthly salary as prescribed in point a of this clause;

đ) Civil servants disciplined with compulsory dismissal or declared guilty by the Court shall not be entitled to claim the remaining 50% of their current monthly salary as prescribed in point a of this clause.

Chapter IV

TERMINATION OF SERVICE AND RETIREMENT FOR CIVIL SERVANTS

Section 1

TERMINATION OF SERVICE FOR CIVIL SERVANTS

Article 57. Competence, Procedure, and Formalities for Resignation

1. The head of the civil servant management agency or the using agency authorized to recruit civil servants under Article 7 of this Decree shall decide on resignation or authorize another person to decide on resignation for civil servants.

2. Procedure and formalities for processing voluntary resignation of civil servants:

a) A civil servant who voluntarily requests resignation shall submit a letter to the management agency or the agency authorized to manage or authorized to process resignation;

b) Within thirty days from the date of receipt of the voluntary resignation request, if agreeing with the resignation, the head of the management agency or the agency authorized to manage or authorized to process resignation shall issue a decision on resignation for the civil servant; if disagreeing, they shall respond in writing and specify the reasons as stipulated in point c of this clause;

c) Reasons for not processing resignation for civil servants:

Civil servants are currently under disciplinary review or criminal prosecution;

Civil servants have not served the agreed service period with the recruiting agency or organization;

Civil servants have not completed payment of money or property within their personal responsibility to the agency or organization;

Due to work requirements of the agency or organization or inability to assign a replacement;

Other reasons as prescribed by law or by the competent authority;

3. Procedure and formalities for processing resignation for civil servants who are forced to resign

Within thirty days from the date of the results of monitoring and evaluation of civil servants, the head of the management agency or the agency authorized to manage or authorized to process resignation shall issue a decision on resignation for civil servants who fail to complete tasks or do not meet job requirements. Civil servants must complete payment of money or property within their personal responsibility to the agency or organization (if applicable) before being forced to resign. In case of intentional non-completion of payment, the competent authority still issues a decision to force resignation; the handling of unpaid amounts shall be carried out according to the provisions of the law.

Article 58. Benefits and Policies for Voluntarily Resigning Civil Servants or Those Forced to Resign

1. Civil servants who voluntarily request resignation shall enjoy severance pay as follows:

a) A subsistence allowance of three months' current salary;

b) Receive severance pay equivalent to one and a half months' current salary for each year of work with mandatory social insurance contributions;

c) Preserve the time of mandatory social insurance contributions or receive a one-time social insurance benefit according to the law on social insurance;

2. The current monthly salary is the immediately preceding month's salary before resignation. The monthly salary includes: grade and rank salary; leadership position allowance; seniority allowance exceeding the ceiling, occupational seniority allowance, and salary retention coefficient (if applicable) according to the law on salaries;

3. The amount of severance pay equal to one (1) month's current salary shall be applied in cases where the total working time before resignation is from six (6) months to less than twelve (12) months;

4. Civil servants who have been notified of retirement or belong to the category of streamlined staffing or forced resignation as prescribed by law shall not be eligible for the severance pay regime stipulated in Clause 1 of this Article.

Article 59. Period of Work for Unemployment Allowance Calculation

1. The period of work for unemployment allowance calculation is the total time counted annually based on mandatory social insurance contributions (if the periods are intermittent, they are accumulated), excluding periods during which unemployment allowance or demobilization allowance has been received, including:

a) Time worked in agencies, organizations, and units of the Communist Party of Vietnam, State, Vietnam Fatherland Front, and political-social organizations;

b) Time worked in the People's Army and People's Police;

c) Time worked at associations assigned tasks by the Party and State, according to staffing quotas assigned by competent authorities;

d) Time spent on training or retraining programs dispatched by agencies, organizations, or units;

đ) Time off with pay as provided by labor laws;

e) Time off due to illness, maternity, workplace accidents, occupational diseases, recuperation, and health recovery as stipulated by social insurance laws;

g) Time subject to disciplinary action or criminal responsibility that was later concluded by competent authorities to be wrongful or erroneous;

h) Time under suspension from duty as prescribed by authorized bodies.

2. For the period of work specified in Clause 1 of this Article, if there is a fractional month, it shall be calculated as follows:

a) Less than three months shall not be counted;

b) From three to six months inclusive shall be counted as half a year of work;

c) More than six months up to twelve months shall be counted as one year of work.

Article 60. Source of Funds for Unemployment Allowance Payment

The source of funds for unemployment allowance payment is allocated within the annual budget for regular operational expenses assigned by competent authorities.

Section 2

RETIREMENT FOR CIVIL SERVANTS

Article 61. Authority and Retirement Date

1. The authority responsible for terminating employment as stipulated in Article 57 of this Decree has the authority to grant retirement.

2. The retirement date for civil servants is implemented according to labor laws and social insurance laws, except where otherwise provided by competent authorities.

3. The retirement date may be postponed in any of the following cases:

a) Not more than one month in the case of coinciding with the Lunar New Year holiday; death of spouse, parent, or child; or damage to the civil servant and their family due to natural disasters, enemy attacks, or fire;

b) Not more than three months in the case of serious illness or accident confirmed by a hospital;

c) Not more than six months in the case of treatment for a disease listed in the long-term treatment directory issued by the Ministry of Health, confirmed by a hospital.

4. If a civil servant qualifies for multiple postponements under Clause 3 of this Article, only the provision allowing the longest postponement shall apply.

5. The authority granting retirement decides on the postponement of the retirement date according to Clause 3 of this Article, except when the civil servant does not wish to postpone the retirement date.

6. Extension of service time for highly qualified civil servants with extensive practical experience who have reached the retirement age stipulated in this Article shall be carried out in accordance with relevant laws.

Article 62. Notification of Retirement

Six months prior to the retirement date as stipulated in Article 61 of this Decree, the authorized person for retirement must issue a written notification regarding the retirement date for the civil servant to be aware, using Model No. 2 attached to this Decree.

Article 63. Decision on Retirement

1. Three months prior to the retirement date as stipulated in Article 61 of this Decree, the authorized person for retirement shall issue a retirement decision according to Model No. 3 attached to this Decree.

2. Based on the retirement decision stipulated in Clause 1 of this Article, the management agency or the agency with delegated authority to manage civil servants or those authorized to cooperate with the social insurance organization shall proceed with the procedures as prescribed so that the civil servant can enjoy social insurance benefits upon retirement.

3. The civil servant retiring has the responsibility to hand over files and documents and ongoing tasks to the person assigned to take over before the retirement date recorded in the retirement decision.

4. From the retirement date recorded in the retirement decision, the retired civil servant will enjoy social insurance benefits as prescribed.

Chapter V

MANAGEMENT OF CIVIL SERVANTS

Article 64. Content of Civil Servant Management

1. Issuing, submitting to the competent authority for issuance, and organizing the implementation of legal normative documents on civil servants.

2. Defining positions and titles of civil servants; establishing, managing job positions and the ratio of civil servants needed for each job position of the employing agency.

3. Managing and utilizing the cadre and civil servant quota.

4. Recruitment, planning, appointment, reappointment, transfer, rotation, secondment; temporary suspension from duty, dismissal from position; resignation, removal, disciplinary action.

5. Utilization, assignment, deployment, inspection, evaluation, temporary suspension from work; training, enhancement, commendation, reward; implementing salary systems, termination of employment, retirement, and other policies.

6. Inspecting and supervising public service activities and handling complaints and denunciations as prescribed by law.

7. Implementing other management contents in cadre work within the scope of authority.

8. Implementing scientific and technological applications, digital transformation in civil servant management; building, managing, and exploiting the national database on cadres and civil servants.

9. Delegating and authorizing the implementation of civil servant management contents.

Article 65. Tasks and Authorities of the Ministry of Home Affairs

The Ministry of Home Affairs is responsible to the Government for performing state management functions concerning civil servants, with the following tasks and authorities:

1. Drafting laws, ordinances, and Resolutions on civil servants for the Government to submit to the National Assembly and the Standing Committee of the National Assembly.

2. Drafting for the Government, the Prime Minister to promulgate legal normative documents; research topics, plans, strategies, programs, and other documents about the civil servant workforce; delegating and authorizing the powers of the Government.

3. Guiding and inspecting the drafting, issuance, and implementation of the Job Position Plan for civil servants; issuing, guiding, and inspecting the implementation of regulations on civil servant recruitment examinations, civil servant selection examinations, job position allocation for civil servants, examination rules for civil servant recruitment and selection, training programs for leadership and management civil servants, professional civil servants.

4. Specifying the establishment and management of files; civil servant cards.

5. Guiding and organizing statistics on the civil servant workforce nationwide; building and managing the national data on the civil servant workforce.

6. Guiding and organizing the implementation of reporting systems on civil servant management work.

7. Inspecting and monitoring the implementation of legal provisions on civil servants.

8. Handling complaints and denunciations against civil servants according to the delegation level and as prescribed by law on complaints and denunciations.

Article 66. Tasks and Authorities of Ministries, Agencies Equivalent to Ministries, and Other Civil Servant Management Agencies

1. Implement the civil servant management contents stipulated in Clause 3, Clause 4, Clause 5, Clause 7, and Clause 9 of Article 64 of this Decree, except for cases where decentralization or delegation is provided for in Clause 2 of this Article and contents within the jurisdiction of the civil servant using agency as prescribed by the Civil Servants Law in 2025.

2. Delegating authority to the civil servant using agencies under their management to implement the contents stipulated in Clause 4 and Clause 5 of Article 64 of this Decree, except for those contents within the jurisdiction of the civil servant using agency as prescribed by the Civil Servants Law in 2025.

3. Establishing and managing job positions; deciding on the list and number of job positions; managing job positions in accordance with the regulations of the Party and laws.

4. Managing the training program according to the requirements of job positions under their management.

5. Conducting statistics and reporting statistics on civil servants as prescribed.

6. Directing and inspecting the implementation of legal provisions concerning civil servants under their management.

7. Resolving complaints and denunciations according to the level of authority and the legal provisions on complaints and denunciations.

Article 67. Tasks and Authorities of People's Committees, Chairpersons of Provincial People's Committees, and Municipal People's Committees Directly Under the Central Government

1. Tasks of the provincial-level People's Committee:

a) Implementing the civil servant management contents stipulated in Clause 1, Clause 3, Clause 4, Clause 7, and Clause 9 of Article 64 of this Decree, except for cases where decentralization or delegation is provided for in Clause 2 of this Article or contents within the jurisdiction of the using agency as prescribed by the Civil Servants Law in 2025;

b) Delegating authority to the Chairman of the provincial-level People's Committee, specialized agencies, administrative organizations under the provincial-level People's Committee, or equivalent agencies at the departmental level, municipal People's Committees, and Chairmen of municipal People's Committees at the commune level to implement the contents stipulated in Clause 4 of Article 64 of this Decree;

c) Drafting the Job Position Scheme; deciding on the list and number of job positions; managing job positions in accordance with the regulations of the Party and laws;

d) Conducting statistics and reporting statistics on civil servants as prescribed;

đ) Directing and inspecting the implementation of legal provisions concerning civil servants under their management;

e) Resolving complaints and denunciations according to the level of authority and the legal provisions on complaints and denunciations.

2. Tasks of the Chairman of the provincial-level People's Committee:

a) Implementing the tasks stipulated in Clause 1 of Article 64 of this Decree and according to the decentralization and delegation of the provincial-level People's Committee;

b) Implementing or delegating the implementation of the tasks stipulated in Clause 5 of Article 64 of this Decree for civil servants according to the delegated management authority;

c) Organizing the implementation of the civil servant management contents stipulated in Clauses 3, 4, 6, 7, and 8 of Article 64 of this Decree and issuing or delegating the issuance of corresponding decisions to manage the civil servant workforce according to the authority, except for those contents within the jurisdiction of the civil servant using agency as prescribed by the Civil Servants Law in 2025.

Article 68. Responsibilities and Authorities of the Agency Using Civil Servants

1. Implement state systems and policies for civil servants.

2. Perform tasks according to the delegated authority.

3. Carry out the tasks specified in Clause 5 of Article 64 of this Decree in accordance with the Law on Cadres and Civil Servants 2025, according to the delegated authority or as prescribed by the competent authority.

4. Propose to the competent authority regarding recruitment, planning, appointment, reappointment, resignation, dismissal, transfer, rotation, secondment, training, and other matters related to civil servants within their management authority as prescribed.

5. Establish and retain personal files of civil servants under their management as prescribed.

6. Statistically report to the civil servant management agency on the situation of the civil servant workforce under their management as prescribed.

7. Resolve complaints and denunciations as prescribed.

Chapter VI

IMPLEMENTING PROVISIONS

Article 69. Application of the Decree to Other Subjects

Persons working at associations assigned tasks by the Party and State, within the working age, according to the quota allocated by the competent authority shall enjoy benefits and policies as stipulated in this Decree.

Article 70. Transitional Provisions

1. In cases where the first round of recruitment process has been completed before this Decree takes effect, such recruitment may continue to be carried out according to current laws within three months from the date this Decree takes effect; if not completed within three months, the recruitment period will be canceled.

2. By no later than July 1, 2027, all Ministries, sectors, central agencies, and localities must complete the assignment of positions and classification levels corresponding to the positions for civil servants recruited before the Law on Cadres and Civil Servants 2025 takes effect, within their management scope. During this period, civil servants assigned to leadership and management positions shall be classified without requiring certificates of administrative management training, specifically as follows:

a) Assign the Senior Specialist level or equivalent for those appointed to positions: Deputy Minister and above in Ministries, agencies at the ministerial level, government agencies, organizations established by the Government, and the Prime Minister that are not public service units (applicable to those determined as civil servants and agencies or organizations granted management authority); Director of Departments and above in provincial People's Committees; b) Assign the Principal Specialist level or equivalent for those appointed to positions: Deputy Deputy Minister and above in Ministries, agencies at the ministerial level, government agencies, organizations established by the Government, and the Prime Minister that are not public service units (applicable to those determined as civil servants and agencies or organizations granted management authority); Deputy Director of Departments and above in provincial People's Committees; Chairman of Commune People's Councils;

c) The classification of civil servants according to positions and titles specified in points a and b of this clause does not apply to those entrusted with authority or responsibility for agencies, organizations, or units; d) The agency using civil servants shall report to the competent authority for cadres and civil servants to examine and decide on the classification of civil servants corresponding to their positions and titles within their authority, ensuring full compliance with standards, conditions, authority, procedures, and formalities as prescribed;

e) For equivalent positions and titles in the People's Council agencies, Communist Party of Vietnam agencies, Vietnam Fatherland Front agencies, and political-social organizations, the provisions of this clause shall apply.

3. In cases where the competent authority issues regulations on cadre work containing pilot provisions or different content from current laws, they shall be implemented according to the new regulations of the competent authority.

4. As of July 1, 2025, persons currently undergoing the probationary period according to the Law on Cadres and Civil Servants No. 22/2008/QH12, amended and supplemented by Law No. 52/2019/QH14, shall be classified into the appropriate civil servant grade corresponding to the position recruited.

Evaluations and assessments of the probationary period prior to July 1, 2025, shall be conducted according to the provisions of Government Decree No. 138/2020/NĐ-CP dated November 27, 2020, on recruitment, use, and management of civil servants, amended and supplemented by Government Decree No. 116/2024/NĐ-CP dated September 17, 2024, amending and supplementing certain articles of Government Decree No. 138/2020/NĐ-CP dated November 27, 2020, on recruitment, use, and management of civil servants, and Government Decree No. 06/2023/NĐ-CP dated February 21, 2023, on quality assessment of civil servant intake. In cases where the competent authority determines unsatisfactory performance (only applicable to those who have served more than six months up to June 30, 2025), the recruitment decision shall be canceled as prescribed.

2. The following legal normative documents shall cease to be effective from the date this Decree takes effect:

a) Government Decree No. 06/2010/NĐ-CP dated January 25, 2010, on civil servants;

Article 71. Effective Date

1. This Decree takes effect from July 1, 2025.

b) Government Decree No. 46/2010/NĐ-CP dated April 27, 2010, on termination of employment and retirement procedures for civil servants;

c) Government Decree No. 138/2020/NĐ-CP dated November 27, 2020, on recruitment, use, and management of civil servants;

d) Government Decree No. 06/2023/NĐ-CP dated February 21, 2023, on quality assessment of civil servant intake;

e) Government Decree No. 116/2024/NĐ-CP dated September 17, 2024, amending and supplementing certain articles of Government Decree No. 138/2020/NĐ-CP dated November 27, 2020, on recruitment, use, and management of civil servants, and Government Decree No. 06/2023/NĐ-CP dated February 21, 2023, on quality assessment of civil servant intake.

3. Abolish the relevant provisions concerning commune-level civil servants in Government Decree No. 33/2023/NĐ-CP dated June 10, 2023, on commune-level cadres and civil servants and non-professional staff at the commune and village levels.

đ) Decree No. 116/2024/NĐ-CP dated September 17, 2024 of the Government amending and supplementing certain articles of Decree No. 138/2020/NĐ-CP dated November 27, 2020 on recruitment, use, and management of civil servants and Decree No. 06/2023/NĐ-CP dated February 21, 2023 on quality assessment for entry-level civil servants.

3. Repeal the relevant provisions concerning commune-level civil servants in Decree No. 33/2023/NĐ-CP dated June 10, 2023 of the Government on commune-level cadres and civil servants and non-professional staff at the commune level, village, and neighborhood.

Article 72. Responsibility for Implementation

1. The Minister, Head of an agency at the ministerial level, the head of organizations established by the Government that are not public service units, and the Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for directing the heads of agencies and organizations under their management to comply with the provisions of this Decree and other relevant regulations when recruiting, using, and managing civil servants; they must complete the assignment to positions and classification corresponding to job positions for civil servants under their management recruited before the Civil Servants Law of 2025 comes into effect by no later than July 1, 2027. 2. The People's Committees at the commune level shall be responsible for assigning to positions and classifying correspondingly for commune-level civil servants recruited before the Civil Servants Law of 2025 takes effect if they meet the required qualifications and conditions for the position. Article 73. Responsibility for Enforcement

The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairmen of the People's Committees of provinces and centrally governed cities, and related agencies, organizations, and individuals shall be responsible for enforcing this Decree.

3. In cases where agencies, organizations, or individuals violate regulations in the work of recruiting, using, and managing civil servants, depending on the nature and severity of the violation, the competent authority shall be responsible for examining and handling the violation in accordance with the regulations of the Party and the law.

Article 73. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.