Decree No. 179/2024/NĐ-CP stipulates policies for attracting and utilizing talented individuals working in agencies, organizations, and units of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, and social-political organizations.

DECREE
Regulations on attracting and utilizing talented individuals working in agencies, organizations, and units of the Communist Party of Vietnam, State, Vietnam Fatherland Front, and political-social organizations

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

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

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Pursuant to the Labor Code on November 20, 2019;

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

The Government promulgates this Decree to regulate the policies for attracting and utilizing talented individuals working in agencies, organizations, and units of the Communist Party of Vietnam, State, Vietnam Fatherland Front, and political-social organizations from central to grassroots levels.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree regulates the policies for attracting and utilizing talented individuals working in agencies, organizations, and units of the Communist Party of Vietnam, State, Vietnam Fatherland Front, and political-social organizations from central to grassroots levels.

2. Policies for talented individuals working in agencies under the People's Army and Public Security shall be implemented according to the regulations of the Party and specialized laws; the Minister of National Defense and the Minister of Public Security shall decide on the application of provisions in this Decree.

Article 2. Applicability

1. Cadres, civil servants (including cadres and civil servants at commune level), public officials;

2. Outstanding graduates, young talented scientists;

3. Experts, managers, business administrators, leading scientists who are Vietnamese or foreigners.

Article 3. Principles for implementing policies to attract and utilize talented individuals

1. Attracting and utilizing talented individuals must comply with and implement fully the guidelines of the Party, state laws, and not contravene international treaties to which Vietnam is a party. Ensure consistency, synchronization, and feasibility from the stages of identification, selection, training, development, utilization, remuneration, and honor.

2. Ensure transparency, objectivity, correctness in terms of target and authority in policy implementation; promote the role and responsibility of heads of ministries, sectors, localities, and leadership collectives of agencies, organizations, and units employing cadres, civil servants, and public officials in identifying, attracting, and utilizing talented individuals. The implementation of utilization policies must be commensurate with the contributions of talented individuals, linked to annual evaluations through specific products and work quality.

3. Funding for implementing policies to attract and utilize talented individuals shall be allocated from the state budget and other legitimate sources as prescribed by law.

4. Based on the orientation for strategic and key sector development at national and local levels, ministries, sectors, central agencies, and localities shall specifically determine the sectors and fields that need priority in using high-quality human resources during each phase and decide specifically on the implementation of policies to attract and utilize talented individuals working in agencies, organizations, and units within their management scope depending on their budget capacity and cadre management authority as prescribed.

5. In cases where laws prescribe higher policies than those corresponding to talented individuals in this Decree, the higher policies shall be applied or the provisions shall be implemented according to the wishes of the talented individual.

Article 4. Criteria and conditions for applying policies to attract and utilize talented individuals

1. Cadres, civil servants, and public officials must meet the following criteria and conditions:

a) Possess strong political will; good political qualities, ethics; clear background; sufficient health to perform duties; have a desire to contribute and serve the country and people; dynamic, creative, daring to think, act, and take responsibility for common interests;

b) Lead in advising and proposing to competent authorities major policies and solutions with high effectiveness, breakthroughs, and turning points in performing tasks and public services; have research projects or proposals adopted with high value and effectiveness in strategic and key sectors of the nation or locality;

c) Meet specific criteria and conditions as prescribed by ministries, sectors, central agencies, and localities.

2. Outstanding graduates and young talented scientists must meet one of the following criteria and conditions:

a) Graduated top of class at domestic higher education institutions or graduated with excellent grades or above at reputable higher education institutions worldwide recognized equivalent to diplomas and certificates according to the law, within the age limit stipulated in Article 1 of the Youth Law at the time of submitting the application;

b) Graduated with excellent grades at domestic higher education institutions, within the age limit stipulated in Article 1 of the Youth Law at the time of submitting the application and belong to one of the following individual achievement categories:

Achieved third place or higher individually in provincial-level student excellence competitions, achieved commendation or higher in national-level student excellence competitions or received commendation or higher in international student excellence competitions in natural sciences (mathematics, physics, chemistry, biology, computer science) and social sciences (literature, history, geography, foreign languages) during secondary school;

Achieved third place or higher individually in national or international science and technology competitions during secondary school or university;

Achieved third place or higher individually in Olympiad competitions in mathematics, physics, chemistry, mechanics, computer science, or other specialties during university recognized by the Ministry of Education and Training.

c) Individuals with doctoral or specialist second-degree qualifications in medicine or pharmacy in medical or pharmaceutical fields at domestic educational institutions, within the age limit prescribed by the Government regarding the use and promotion of individuals engaged in scientific and technological activities at the time of submitting the application.

3. Experts, managers, business administrators, leading scientists who are Vietnamese or foreigners must meet one of the following criteria and conditions:

a) Graduates of doctoral or post-doctoral programs from reputable institutions worldwide;

b) Persons who have participated in and are currently participating in teaching, scientific research, and technology transfer at research institutions, international cooperation programs, and projects on science and technology, or research departments of reputable foreign enterprises in fields relevant to scientific and technological tasks implemented in Vietnam;

c) Experts, managers, and business administrators who have worked and are currently working at leading domestic and international enterprises, possessing extensive professional experience and outstanding achievements in their respective fields, aligning with requirements for implementing economic development, scientific, and technological tasks or key areas in Vietnam;

d) For foreign experts, managers, business administrators, and top-ranking scientists, in addition to the provisions mentioned above, they must also meet other conditions stipulated by Vietnamese law.

Article 5. Authority to Implement Policies for Talented Individuals

1. The head of the authority responsible for management as prescribed in Article 39 of the Civil Servants Law shall decide on the selection and implementation of policies for talented individuals working in agencies, organizations, and units under their jurisdiction, and shall be responsible for managing and utilizing the allocated funds effectively to implement appropriate policies in accordance with set objectives.

2. Agencies, organizations, and units employing civil servants and public officials shall be responsible for organizing the implementation of policies for talented individuals according to the division of responsibilities assigned by the competent management authority.

Article 6. Continuation or Termination of Policies for Talented Individuals

1. The authority responsible for managing civil servants and public officials shall annually review and decide on the continuation or termination of policies for talented individuals.

2. The dossier for evaluating the implementation of policies for talented individuals as stipulated in Clause 1 of this Article includes:

a) A self-assessment report on the work results of the talented individual;

b) Comments and evaluations from the leadership collective and party committee where the talented individual works, clearly indicating the recommendation to continue or terminate the policy for the talented individual;

c) Documentation verifying the research outcomes and creative products of the talented individual (if applicable).

3. The policy for talented individuals shall be terminated if any of the following circumstances apply:

a) At the request of the talented individual;

b) The competent authority assesses that the individual has not fulfilled their duties or does not meet the job position requirements;

c) There is misconduct warranting disciplinary action or criminal prosecution;

d) Due to changes in priority sectors requiring high-quality human resources at different stages.

The results of task implementation and evaluations of talented individuals shall be promptly updated in the National Database on Talent in Vietnam and publicly disclosed on the website "Attracting and Utilizing Talent in Vietnam."

Chapter II
POLICIES FOR ATTRACTING TALENTED INDIVIDUALS

Article 7. Preferential Policies in Recruitment of Civil Servants and Public Officials

1. Ministries, central agencies, and local authorities must prioritize allocating positions to recruit outstanding graduates and young talented scientists. The head of the agency responsible for managing civil servants and public officials shall be responsible for specifically identifying job positions requiring the use of talented individuals within their jurisdiction.

2. Recruitment of outstanding graduates and young scientists who meet the criteria and conditions stipulated in Article 4 of this Decree shall be conducted through direct recruitment. The content, form, procedures, and processes of direct recruitment shall be carried out in accordance with laws governing civil servants and public officials.

Article 8. Initial attraction allowance after recruitment

1. Outstanding graduates and talented young scientists recruited as civil servants or public officials shall be entitled to 100% of their probationary salary during the probation period. At the same time, they shall receive an additional allowance equivalent to 150% of their current salary scale for a period of five years from the date of recruitment decision, except in cases stipulated in Clause 3 of Article 6 of this Decree. The additional allowance shall not be used to calculate contributions to mandatory social insurance, health insurance, and unemployment insurance (for public officials).

2. Based on the local budget balancing capacity, the People's Committee at the provincial level shall submit to the People's Council at the same level for consideration and decision to supplement support policies for outstanding graduates and talented young scientists when recruited to work in agencies, organizations, and units under its management.

Article 9. Training and development policies after recruitment

After being recruited as civil servants or public officials, outstanding graduates and talented young scientists shall be provided with conditions by the managing and using agencies to participate in training and improve their qualifications as follows:

1. They shall be prioritized for intensive training to become leading experts in their respective fields consistent with their specialization. They shall be assigned to participate in basic and comprehensive knowledge enhancement programs in their field, profession, and area of work in line with development orientations.

2. They shall be assigned to participate in domestic and international concentrated training courses suitable for their field, profession, and area of work in line with development orientations, and other training and enhancement courses suitable for the characteristics of their field, area, and locality.

3. They shall be prioritized and provided conditions to participate in training and enhancement in political theory, state administration, and specialized knowledge to meet leadership and management standards according to planned positions; and professional and vocational standards of civil service ranks and public official career positions.

Article 10. Policies on working conditions and equipment

1. They shall be allowed to attend and express opinions at meetings related to their professional work of the leadership body of the agency, organization, or unit where they are employed.

2. They shall be assigned by the competent authority to have a person (or group) assist in performing specific tasks and duties. The person (or group) assigned shall be responsible for carrying out tasks according to the requirements of the talented individual in performing their duties and official responsibilities.

3. They shall be invested with equipment and means of work to effectively implement assigned tasks. In necessary cases, resources and special equipment shall be invested to implement the contents of programs, projects, topics, and scientific research works that have been evaluated as feasible and recommended for application in practice by the competent authority.

4. They shall be arranged and allocated human and material resources to serve during the implementation of specific tasks, including outside regular working hours.

5. They shall be provided access to documents to serve professional activities and scientific research in accordance with the provisions of the law.

6. They shall enjoy other benefits agreed upon with the employing agency, organization, or unit in accordance with the provisions of the law.

Article 11. Preferential policies in job placement and utilization after recruitment

Excellent graduates and talented young scientists recruited as civil servants or public officials shall be provided favorable conditions for job placement and utilization as follows:

1. Authorities with management and utilization rights shall be responsible for considering and selecting leadership positions in various fields of work at central and local levels.

2. Scientific staff with research capabilities shall be concentrated on training to become leading scientists and experts in their respective fields, responsible for leading research projects and works from ministry level and provincial level upwards.

3. They shall be eligible for promotion to the rank of senior clerk or equivalent if, within five years from recruitment, they are evaluated and classified as having performed satisfactorily or exceptionally, including at least two years of exceptional performance.

4. Based on the needs and political tasks of the agency or unit, and taking into account the results of work, after recruitment for one to two years, those who have performed satisfactorily may be considered for appointment to leadership positions at the department level and equivalent at the district level and above (according to the classification), including non-party members (except for advisory bodies of the party committee and party organizations).

Article 12. Preferential policies for experts, managers, business administrators, and leading scientists

1. Based on the need for high-quality human resources in strategic and key national sectors, ministries, agencies, and localities can enter into labor contracts with experts, managers, business administrators, and leading scientists, whether Vietnamese or foreign, to implement specific tasks, projects, and programs within their managed agencies, organizations, and units.

2. The form of labor contract, terms agreed upon in the labor contract, and remuneration for experts and leading scientists shall be decided by the head of the ministry, agency, or locality based on job requirements, expertise, contributions, and financial resources available for implementing talent policies.

3. Vietnamese experts, managers, business administrators, and leading scientists within the working age stipulated by labor laws, if they wish to work long-term in state agencies, organizations, and units, shall be considered for acceptance as civil servants or public officials by competent authorities and shall receive additional allowances equal to 300% of their current salary (including: salary according to rank, grade, position, profession, and stipulated allowances). Additional allowances shall not be included in mandatory social insurance, health insurance, and unemployment insurance calculations (for public officials).

Procedures for accepting experts, managers, business administrators, and leading scientists as civil servants or public officials shall comply with regulations on civil servants and public officials.

4. Based on the needs and tasks of the agency or unit and the capabilities of Vietnamese experts, managers, business administrators, and leading scientists, competent authorities may consider appointing them to leadership positions or placing them in positions requiring specialized knowledge and skills at the senior clerk and senior specialist ranks and equivalents; assigning them to corresponding ranks and occupational titles based on the assigned positions. In cases where they do not meet the criteria and conditions for appointed positions or assigned positions, the head of the civil servant and public official management agency shall provide conditions for experts, managers, business administrators, and leading scientists to complete the required criteria and conditions.

5. After being accepted, Vietnamese experts, managers, business administrators, and leading scientists shall enjoy preferential policies for talented cadres, civil servants, and public officials as stipulated in Article 16 of this Decree.

Article 13. Support policy for experts, managers, business administrators, leading scientists who are Vietnamese residing abroad or foreigners.

1. The competent authority shall facilitate the simplification of paperwork and issuance of visas, residence permits, and work permits in Vietnam.

2. Family members of experts, managers, business administrators, and leading scientists (including parents, spouse, children under 18 years old) shall be supported by local authorities, management agencies, and relevant agencies in procedures related to job search and enrollment in educational institutions in Vietnam.

3. Experts, managers, business administrators, leading scientists, and their family members as stipulated in Clause 2 of this Article shall be issued multiple-entry visas or temporary residence cards with durations corresponding to the term of employment contracts signed with agencies and units in accordance with this Decree.

Chapter III
POLICY FOR RECRUITING TALENTED PERSONNEL

Article 14. Nomination and Recognition of Talented Civil Servants and Public Officials

1. Annually, based on the criteria and conditions specified in Clause 1 of Article 4 of this Decree, the leadership collective of the agency, organization, or unit using civil servants and public officials shall issue a nomination letter for civil servants and public officials meeting the criteria and conditions to be considered by the competent authority for inclusion in the category of talented civil servants and public officials.

2. The head of the competent authority managing civil servants and public officials shall establish a Selection Council to examine and evaluate whether civil servants and public officials meet the criteria and conditions for being recognized as talented personnel.

The Selection Council shall consist of: the leadership collective of the competent authority managing civil servants and public officials, representatives from the Party Committee and Trade Union at the same level, the head of the agency responsible for organizational and personnel matters, and other members decided by the head of the competent authority. The number of council members must be odd. The council can only convene when at least two-thirds of its members are present. The Selection Council operates collegially, decides by majority vote; in case of a tie, the decision follows the opinion of the Council Chair. The meeting shall be recorded in minutes.

3. The head of the competent authority managing civil servants and public officials is responsible for issuing administrative guidelines regarding specific standards, conditions, and procedures for recognizing talented civil servants and public officials within their respective ministries, sectors, or localities.

Article 15. Additional Allowance Policy for Talented Civil Servants and Public Officials

Talented civil servants and public officials shall receive an additional allowance equal to 150% of their current salary from the date of the competent authority's recognition decision. The additional allowance is not included in the calculation for mandatory social insurance, health insurance, and unemployment insurance contributions (for public officials).

Article 16. Arrangement and Utilization Policy for Talented Civil Servants and Public Officials

Talented civil servants and public officials shall be prioritized in arrangement and utilization as follows:

1. They shall be given priority in consideration for appointment to leadership and managerial positions or senior expert titles; in special cases, they may be subject to review and decision by the competent authority regarding planning, age, and time in equivalent positions when considering appointments.

2. They shall be sent for training, research, and scientific exchange both domestically and internationally related to their expertise at least once a year; all expenses during such activities shall be covered according to regulations, except where otherwise provided by law.

3. They shall be encouraged to propose participation in international training courses, conferences, and seminars to enhance their capabilities and meet job requirements.

4. They shall be assigned to lead and allocated funds for implementing research projects and works at the ministry or provincial level and above. They may propose budgets for specific tasks or assignments; they shall have the authority to decide on fund usage and bear responsibility before the law and the competent authority for the allocation and use of funds.

5. All expenses for travel and conferences both domestically and internationally directly related to leading assigned scientific programs, projects, and tasks shall be fully covered according to regulations.

Article 17. Commendation and Awards

1. Based on the contributions of individuals with talent to the development of agencies, organizations, sectors, fields, the competent authority managing civil servants and public officials decides within its jurisdiction or proposes to the higher authority to present orders, medals, commendations, commemorative plaques, or other forms of awards as prescribed by law; the ratio shall not be applied when considering commendations or awards for individuals with talent.

2. Individuals with talent may be proposed for honorific recognition at ceremonies and programs organized by ministries, sectors, localities, and news agencies related to their field of work.

3. In addition to tangible awards and monetary rewards allocated from the Competition and Award Fund as prescribed by law, the head of the agency, organization, or unit managing or using individuals with talent decides to allocate rewards from the annual reward fund.

Article 18. Policy on Vacation

The head of the agency, organization, or unit managing or the head of the agency, organization, or unit using individuals with talent, according to the level of authority, is responsible for arranging annual vacation for individuals with talent; specifically:

1. Experts, managers, business leaders, leading scientists who are Vietnamese or foreigners are arranged for a seven-day domestic vacation with family (up to five people).

2. Civil servants and public officials with talent are arranged for a seven-day domestic vacation with family (up to four people).

The cost of organizing the vacation is borne by the agency, organization, or unit managing or using individuals with talent as prescribed.

Article 19. Welfare Benefits and Other Policies

1. Eligible for a salary increase of one grade or a negotiated salary increase if they achieve outstanding results recognized by the competent authority as prescribed by the Government.

2. Priority in renting government housing or borrowing money to purchase social housing with subsidized interest rates guaranteed by the agency or organization from the Social Policy Bank as prescribed by the Government. They are given the highest priority among groups of civil servants and public officials eligible to purchase social housing as prescribed by law.

3. Individuals with talent who make significant contributions to the country are provided with government housing as prescribed by the competent authority.

4. Maintain the existing benefits and policies during the period assigned for training or further education. If the place of study is outside the working location, they will enjoy the same benefits as those assigned for official duties.

5. Establish a National Talent Development Fund to support activities such as identifying talents, organizing networking events, communicating policies, and other supporting and sponsoring activities for implementing policies to attract, utilize, and encourage the development of Vietnamese talents without profit-making purposes. The Fund operates under the model of a state financial fund outside the budget managed by the Ministry of Home Affairs; the provision of funding from the state budget to the Fund (if any) is carried out in accordance with the State Budget Law.

6. For experts, managers, business leaders, and leading scientists, in addition to remuneration based on labor contracts, they can negotiate and receive bonuses and benefits from the results of their work agreed upon with the competent management authority.

Chapter IV
IMPLEMENTATION

Article 20. Funding for Implementation

1. Annually, the state budget allocates funds equal to 10% of the total basic salary fund (excluding allowances) for ministries, sectors, central agencies, and 5% of the total basic salary fund (excluding allowances) for localities to implement policies attracting and utilizing individuals with talent working in agencies, organizations, and units under their management.

2. Agencies, organizations, and units specified in Article 1 of this Decree are allowed to mobilize resources as prescribed by law to implement policies attracting and utilizing individuals with talent working in agencies, organizations, and units under their management.

Article 21. Responsibility for implementation organization

1. Ministries, ministerial-level agencies, government agencies, provincial and municipal People's Committees directly under the Central Government, based on this Decree, are responsible for:

a) Implementing policies for individuals with talent as prescribed in this Decree within their functional responsibilities, tasks, and authorities;

b) Issuing other mechanisms and policies within their authority to attract and utilize individuals with talent; mobilizing other legitimate resources (if any) as prescribed by law to implement other preferential policies for individuals with talent regarding rewards and income;

c) Updating data on individuals with talent, performance results, and evaluation results of individuals with talent under their management on the National Database on Vietnamese Talents; ensuring the authenticity of the data;

d) Reporting annually on the implementation of policies for individuals with talent to the Ministry of Home Affairs before December 1st for consolidation and reporting to the competent authority.

2. The authority managing cadres, civil servants, and public officials in agencies and organizations of the Communist Party of Vietnam, the Vietnam Fatherland Front, and political-social organizations decides on the implementation of policies for individuals with talent in agencies, organizations, and units under their management.

3. The Ministry of Home Affairs is responsible for:

a) Guiding, urging, monitoring, and inspecting the implementation of policies for individuals with talent in state agencies, organizations, and units; regularly compiling implementation results and reporting to the Government and the Prime Minister before December 25th each year;

b) Leading and coordinating with ministries, sectors, and localities to build the National Database on Vietnamese Talents and fulfilling the responsibility of managing the national database; establishing and developing a global network of Vietnamese Talents, building and managing the website "Attracting and Utilizing Talents in Vietnam".

Article 22. Transitional provisions

Outstanding graduates and young scientists who are recruited and apply policies under Decree No. 140/2017/ND-CP dated December 5, 2017 of the Government on attracting and developing cadres from outstanding graduates and young scientists before this Decree takes effect shall continue to be subject to the regime and policies under Decree No. 140/2017/ND-CP for a period of five years from the date of recruitment decision. In cases where the corresponding policy stipulated in this Decree is more advantageous than that stipulated in Decree No. 140/2017/ND-CP, the provisions of this Decree shall apply.

Article 23. Effectiveness of Implementation

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

2. Replace and abolish the following provisions:

a) Replace Decree No. 140/2017/ND-CP dated December 5, 2017 of the Government on attracting and developing cadres from outstanding graduates and young scientists;

b) Abolish Article 69 and Article 70 of Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government on recruitment, use, and management of civil servants.

Article 24. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, municipal People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.