Law on Cadres and Civil Servants No. 22/2008/QH12

LAW

Civil Servants

___________

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on Cadres and Civil Servants.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Law stipulates cadres and civil servants; elections, recruitment, utilization; duties, rights of cadres and civil servants and conditions to ensure the performance of public service. management of civil servants; Article 2. Public service activities of cadres and civil servants

Public service activities of cadres and civil servants are the implementation of tasks and authorities of cadres and civil servants as prescribed by this Law and other relevant regulations.

Article 3. Principles in performing public service

2. Protecting the interests of the State, the legitimate rights and interests of organizations and citizens.

1. Compliance with the Constitution and laws.

4. Ensuring systematicness, unity, continuity, smooth operation, and effectiveness.

3. Transparency, accountability, compliance with authority, and subject to inspection and supervision.

Article 4. Cadres and Civil Servants

5. Ensure administrative hierarchy and close coordination.

1. Cadres are Vietnamese citizens elected, approved, or appointed to hold positions or titles for a term in agencies of the Communist Party of Vietnam, the State, political-social organizations at the central level, provincial level, district level (hereinafter referred to collectively as provincial level), and county level, within the establishment and receiving salary from the state budget.

2. Civil servants are Vietnamese citizens recruited and appointed to ranks, positions, or titles in agencies of the Communist Party of Vietnam, the State, political-social organizations at the central level, provincial level, and district level; in agencies or units under the People's Army that are not officers, professional military personnel, or defense workers; in agencies or units under the People's Public Security that are not officers or professional non-commissioned officers; and in the leadership and management machinery of public service units of the Communist Party of Vietnam, the State, and political-social organizations (hereinafter referred to collectively as public service units), within the establishment and receiving salary from the state budget; for civil servants in the leadership and management machinery of public service units, their salaries shall be guaranteed from the wage fund of public service units in accordance with the provisions of the law.

3. Cadres at commune, ward, town levels (hereinafter referred to collectively as commune level) are Vietnamese citizens elected to hold positions for a term in the Standing Committee of the People's Council, People's Committee, Secretary, Deputy Secretary of the Party Committee, and heads of political-social organizations; civil servants at commune level are Vietnamese citizens recruited to hold specialized professional positions in the People's Committee at the commune level, within the establishment and receiving salary from the state budget.

Article 5. Principles of cadre and civil servant management

4. The use, evaluation, and classification of cadres and civil servants must be based on political quality, morality, and capacity to perform public service.

Clause 1. Ensure the leadership of the Communist Party of Vietnam and state management.

2. Combine job titles, positions, and staffing quotas.

3. Implement the principle of democratic centralism, individual responsibility system, and clear division of powers.

5. Gender equality shall be implemented.

Article 6. Policy towards talented individuals

The State has policies to identify, attract, nurture, utilize, and reward appropriately those who have talent.

The Government shall specify such policies

for talented individuals. Article 7. Explanation of terms

In this Law, the following terms are understood as follows:

The agency using cadres and civil servants

1. is an agency, organization, or unit entrusted with the authority to manage, assign, arrange, and inspect the performance of tasks and authorities of cadres and civil servants. The agency managing cadres and civil servants

2. is an agency, organization, or unit entrusted with the authority to recruit, appoint, promote rank, increase salary, terminate employment, retire, settle benefits and policies, and commend or discipline cadres and civil servants. is the work associated with the position, post, structure, and rank of civil servants to determine the establishment and arrange civil servants in agencies, organizations, or units.

3. Job Position is the title reflecting the hierarchy of capability and professional expertise of civil servants.

4. Rank is the decision to appoint cadres and civil servants to hold a leadership or management position or rank as prescribed by law.

5. Appointment is the decision to relieve cadres and civil servants from holding a position or title before the term expires.

6. Removal Removal

7. is the decision not to allow cadres to continue holding a position or title before the term expires. Demotion

8. is the decision to reduce the position of a civil servant in a leadership or management role to a lower position. Dismissal

9. is the decision not to allow cadres and civil servants in leadership or management roles to continue holding such positions before the term expires or the appointment period ends. is the decision by the competent authority to transfer cadres and civil servants from one agency, organization, or unit to another.

10. "Transfer" refers to the act of the head of an agency or unit with the authority to transfer a cadre to a new position at another agency or unit. is the decision to appoint cadres and civil servants in leadership or management roles to hold another leadership or management position for a specific period

11. "Rotation" refers to the act of the head of an agency or unit with the authority to transfer and appoint a cadre to a new leadership position at another agency or unit during the implementation of cadre planning and training. to continue training, nurturing, and honing skills according to job requirements. is the dispatch of civil servants from one agency, organization, or unit to work at another agency, organization, or unit as required by job tasks.

12. "Temporary Assignment" refers to the act of the head of an agency or unit with the authority to assign a cadre to work temporarily at another agency, unit, or organization. is the process is the request by cadres and civil servants in leadership or management roles to resign from their positions before the term expires or the appointment period ends. DUTIES AND RIGHTS OF CADRES AND CIVIL SERVANTS

13. Resignation DUTIES OF CADRES AND CIVIL SERVANTS

PART II

OBLIGATIONS AND RIGHTS OF CIVIL SERVANTS

Section 1

OBLIGATIONS OF CIVIL SERVANTS

Article 8. Obligations of civil servants towards the Party, State, and people

1. Loyalty to the Communist Party of Vietnam and the Socialist Republic of Vietnam; protect the honor of the homeland and national interests.

2. Respect the people and serve the people with dedication.

3. Maintain close ties with the people, listen to their opinions, and accept their supervision.

4. Strictly comply with the policies, guidelines, and laws of the Party and State.

Article 9. Obligations of civil servants in performing official duties

1. Fulfill tasks and powers accurately and completely, and bear responsibility for the results of such fulfillment.

2. Have a sense of organizational discipline; strictly comply with internal regulations and rules of the agency, organization, or unit; report to the competent authority when discovering violations of the law within the agency, organization, or unit; protect state secrets.

3. Act proactively and closely coordinate in performing official duties; maintain unity within the agency, organization, or unit.

4. Protect, manage, and use state assets effectively and economically.

5. Comply with decisions from superiors. When there is evidence that the decision is contrary to the law, they must promptly report in writing to the person making the decision; if the person making the decision still decides to implement it, a written record must be made, and the person implementing it must comply but shall not be held responsible for the consequences of implementation, while simultaneously reporting to the direct superior of the decision-maker. The decision-maker shall be held accountable under the law for their decision.

6. Other obligations as prescribed by law.

Article 10. Obligations of civil servants who are heads

In addition to fulfilling the provisions of Articles 8 and 9 of this Law, civil servants who are heads of agencies, organizations, or units must also fulfill the following obligations:

1. Direct the organization to carry out assigned tasks and bear responsibility for the results of activities of the agency, organization, or unit;

2. Inspect, urge, and guide the performance of public duties by officials and civil servants.

3. Organize measures to prevent and combat bureaucracy, corruption, thrift, and waste, and bear responsibility for the occurrence of bureaucracy, corruption, and waste within the agency, organization, or unit;

4. Implement legal provisions on grassroots democracy and office culture within the agency, organization, or unit; handle promptly and strictly civil servants under their management who violate discipline or laws, have bureaucratic attitudes, arrogance, abuse of power, or cause inconvenience to citizens;

5. Resolve complaints, denunciations, and proposals from individuals or organizations in accordance with the law and within their authority, or refer them to competent authorities for resolution.

6. Other obligations as prescribed by law.

Section 2

RIGHTS OF OFFICIALS AND CIVIL SERVANTS

Article 11. Rights of civil servants to ensure conditions for performing official duties

1. Be granted powers commensurate with their tasks.

2. Be provided with equipment and other working conditions as prescribed by law.

3. Be supplied with information related to their assigned tasks and powers.

4. Receive training and further education to enhance their political, professional, and vocational qualifications.

5. Be protected by law when performing official duties.

Article 12. Rights of civil servants regarding salary and related benefits

1. Be guaranteed a salary commensurate with their assigned tasks and powers, appropriate to the country's economic and social conditions. Civil servants working in mountainous areas, border regions, islands, remote areas, ethnic minority regions, particularly difficult economic and social conditions, or in industries and professions with hazardous environments shall enjoy allowances and preferential policies as prescribed by law.

2. Enjoy overtime pay, night shift pay, travel expenses, and other benefits as prescribed by law.

Article 13. Rights of civil servants regarding rest Civil servants are entitled to annual leave, public holiday leave, and leave for personal matters in accordance with the laws on labor. In cases where duties require it, if civil servants do not use or do not fully use their annual leave, they shall be paid additional compensation equivalent to their salary for the unused days in addition to their regular wages.

Article 14. Other rights of civil servants

Civil servants are guaranteed the right to study, engage in scientific research, participate in economic and social activities; they are entitled to preferential policies on housing, means of transportation, social insurance, and health insurance as stipulated by law; if they are injured or sacrifice their lives while performing official duties, they shall be considered for benefits and policies similar to those for war invalids or recognized as martyrs, and other rights as prescribed by law.

ETHICS AND PROFESSIONAL COMMUNICATION OF CIVIL SERVANTS

Section 3

Article 15. Ethics of civil servants

Civil servants must adhere to diligence, thrift, integrity, and impartiality in their official duties.

Article 16. Professional communication at the workplace

1. In professional communication at the workplace, civil servants must maintain courteous attitudes and respect for colleagues; communication language must be standard, clear, and coherent.

2. Civil servants must listen to the opinions of their colleagues; be fair, impartial, and objective when making comments or evaluations; implement democracy and internal solidarity.

3. When performing official duties, civil servants must wear insignia or civil servant cards; maintain a courteous demeanor; uphold the reputation and honor of their agencies, organizations, units, and colleagues.

Article 17. Professional communication with the people

1. Civil servants must be close to the people; have courteous, serious, and humble manners; communication language must be standard, clear, and coherent.

2. Civil servants must not be arrogant, abuse power, create difficulties, or cause inconvenience to the people when performing official duties.

Article 18. Matters that civil servants are not allowed to do related to official ethics

Section 4

MATTERS THAT OFFICIALS AND CIVIL SERVANTS ARE NOT PERMITTED TO DO

1. Evading responsibility, shirking assigned tasks; forming cliques, causing division; leaving work without permission or participating in strikes.

2. Using state and people's property contrary to the law.

3. Misusing official duties and powers; using information related to official duties for personal gain.

4. Discriminating against ethnic groups, genders, social strata, beliefs, and religions in any form.

Article 19. Matters that civil servants are not allowed to do related to state secrets

1. Civil servants are not allowed to disclose information related to state secrets in any form.

2. Civil servants working in sectors or professions related to state secrets shall not engage in work related to these sectors or professions for organizations, individuals within the country, foreign organizations, individuals, or joint ventures with foreign entities for at least five years from the date of retirement or resignation.

3. The Government shall specify the list of sectors, professions, jobs, and periods during which civil servants are prohibited from engaging in such activities and the policies applicable to those subject to this provision.

Article 20. Other matters that civil servants are not allowed to do

In addition to the prohibitions set forth in Articles 18 and 19 of this Law, civil servants are also prohibited from engaging in activities related to production, business operations, personnel work as prescribed by the Anti-Corruption Law, the Law on Thrift and Combating Wastefulness, and other matters as prescribed by law and competent authorities.

CIVIL SERVANTS AT THE CENTRAL LEVEL, PROVINCE LEVEL, AND DISTRICT LEVEL

PART III

CIVIL SERVANTS AT THE CENTRAL, PROVINCE, AND DISTRICT LEVELS

Article 21. Cadres

1. The cadres referred to in Clause 1 of Article 4 of this Law include cadres in the agencies of the Communist Party of Vietnam, State, political-social organizations at central, provincial, and district levels.

2. The competent authority of the Communist Party of Vietnam shall specify the positions and titles of cadres working in the agencies of the Communist Party of Vietnam and political-social organizations based on the Party's Charter, the charters of political-social organizations, and the provisions of this Law.

Positions and titles of cadres working in state agencies shall be determined according to the provisions of the Law on the Organization of the National Assembly, the Law on the Organization of the Government, the Law on the Organization of People's Courts, the Law on the Organization of the People's Procuracy, the Law on the Organization of People's Councils and People's Committees, the Law on State Audit, and other relevant laws.

Article 22. Obligations and rights of cadres

1. Fulfilling the obligations and rights stipulated in Chapter II and other relevant provisions of this Law.

2. Performing duties and exercising powers in accordance with the Constitution, laws, and the charters of the organizations to which they belong.

3. Being responsible before the Party, the State, the people, and competent authorities regarding the performance of assigned duties and powers.

Article 23. Election and appointment of cadre positions and titles in the agencies of the Communist Party of Vietnam and political-social organizations

The election and appointment of cadre positions and titles in the agencies of the Communist Party of Vietnam and political-social organizations shall be carried out in accordance with the provisions of their charters and relevant laws.

Article 24. Election, approval, and appointment of cadre positions and titles in state agencies

The election, approval, and appointment of cadre positions and titles for terms in state agencies from central to district levels shall be carried out in accordance with the Constitution, the Law on the Organization of the National Assembly, the Law on the Organization of the Government, the Law on the Organization of People's Councils and People's Committees, the Law on the Organization of People's Courts, the Law on the Organization of the People's Procuracy, the Law on State Audit, the Law on the Election of National Assembly Deputies, and the Law on the Election of People's Council Deputies.

Article 25. Training and development of cadres

1. Training and development of cadres must be based on cadre standards, positions, titles, job requirements, and consistent with cadre planning.

2. The system of training and development of cadres shall be regulated by the competent authority of the Communist Party of Vietnam, the Standing Committee of the National Assembly, and the Government.

Article 26. Transfer and rotation of cadres

1. Based on job requirements, cadre planning, cadres may be transferred and rotated within the system of agencies of the Communist Party of Vietnam, State, and political-social organizations.

2. The transfer and rotation of cadres shall be carried out in accordance with the law and regulations of the competent authority.

Article 27. Purpose of evaluating cadres

Evaluating cadres aims to clarify their political qualities, morals, capabilities, professional qualifications, and the results of assigned tasks. Evaluation results serve as the basis for cadre deployment, utilization, training, development, commendation, disciplinary action, and policy implementation.

Article 28. Content of evaluating cadres

1. Cadres shall be evaluated on the following contents:

a) Compliance with the Party's policies, guidelines, and State laws;

b) Political qualities, morals, lifestyle, work style, and discipline;

c) Leadership, management, and organizational capabilities in implementing tasks;

d) Work responsibility spirit;

đ) Results of assigned tasks.

2. Cadre evaluation shall be conducted annually, prior to elections, approvals, appointments, planning, transfers, training, development, at the end of terms, and during rotations.

The authority, procedures, and processes for evaluating cadres shall be carried out in accordance with the law and regulations of the competent authority.

Article 29. Classification of civil servant evaluation

1. Based on the evaluation results, civil servants are classified as follows:

a) Outstanding performance;

b) Good performance;

c) Completing tasks but with limitations in capacity;

d) Unsatisfactory performance.

2. The classification results of civil servant evaluations shall be recorded in the civil servant's file and notified to the evaluated civil servant.

3. Civil servants who for two consecutive years complete their tasks but have limitations in capacity, or who have two consecutive years, including one year completing tasks but with limitations in capacity and one year not completing tasks, shall be reassigned to other positions by the competent authority.

Civil servants who for two consecutive years fail to complete their tasks shall be relieved of their duties by the competent authority.

Article 30. Resignation from duty, resignation, removal

1. Civil servants may request to resign from duty, resign, or be removed in the following cases:

a) Inadequate health;

b) Insufficient capability or reputation;

c) Based on job requirements;

d) For other reasons.

2. The authority, procedures, and formalities for requesting resignation from duty, resignation, or removal shall be carried out in accordance with the provisions of the law and the competent authority.

Article 31. Retirement for civil servants

1. Civil servants shall retire according to the provisions of the Labor Code.

2. Six months prior to the date of retirement, the managing agency, organization, or unit must notify the civil servant in writing about the retirement date; three months prior to the date of retirement, the managing agency, organization, or unit shall issue a decision on retirement.

3. In special cases, civil servants holding positions at or above Minister level may have their working period extended according to the regulations of the competent authority.

CHAPTER IV

CIVIL SERVANTS AT THE CENTRAL LEVEL, PROVINCE LEVEL, AND DISTRICT LEVEL

Section 1

 CIVIL SERVANTS AND CLASSIFICATION OF CIVIL SERVANTS

Article 32. Civil servant

1. Civil servants as stipulated in Clause 2, Article 4 of this Law include:

a) Civil servants in the agencies of the Communist Party of Vietnam, political-social organizations;

b) Civil servants in state agencies;

c) Civil servants in the leadership and management machinery of public service units;

d) Civil servants in agencies and units under the People's Army that are not officers, professional soldiers, or defense workers; civil servants in agencies and units under the People's Public Security that are not officers or professional non-commissioned officers.

2. The Government shall specify this provision.

Article 33. Duties and rights of civil servants

1. Fulfilling the obligations and rights stipulated in Chapter II and other relevant provisions of this Law.

2. Fulfilling duties and exercising powers as prescribed by the Constitution and laws.

3. Being accountable to the competent agency or organization regarding the fulfillment of assigned duties and powers.

Article 34. Classification of civil servants

1. Based on the rank appointed, civil servants are classified as follows:

a) Class A includes those appointed to the Senior Specialist rank or equivalent;

b) Class B includes those appointed to the Principal Specialist rank or equivalent;

c) Class C includes those appointed to the Specialist rank or equivalent;

d) Class D includes those appointed to the Cadre rank or equivalent and the Clerk rank.

2. Based on job position, civil servants are classified as follows:

a) Civil servants holding leadership and management positions;

b) Civil servants not holding leadership and management positions.

Section 2

RECRUITMENT OF CIVIL SERVANTS

Article 35. Basis for recruiting civil servants

Recruitment of civil servants must be based on job requirements, position needs, and staffing quotas.

Article 36. Conditions for Registering to Apply for Civil Servant Positions

1. Persons who meet the following conditions, regardless of ethnicity, gender, social stratum, belief, or religion, may register to apply for civil servant positions:

a) Having Vietnamese nationality only;

b) Being at least eighteen years old;

c) Submitting an application form; having a clear record;

d) Possessing appropriate certificates and diplomas;

đ) Having good political qualities and morality;

e) Being in good health to perform duties;

g) Other conditions as required for the position applied for.

2. The following persons shall not be allowed to register to apply for civil servant positions:

a) Not residing in Vietnam;

b) Losing or being restricted in capacity for civil acts;

c) Currently under criminal investigation; currently serving or having completed a court judgment or decision on criminal matters and not yet rehabilitated; currently subject to administrative measures involving placement in a medical facility or educational institution.

Article 37. Methods of Recruiting Civil Servants

1. Recruitment of civil servants is conducted through examinations, except in cases stipulated in Clause 2 of this Article. The examination format and content must be suitable to the profession and ensure the selection of individuals with the necessary qualifications, abilities, and moral standards to meet recruitment requirements.

2. Individuals who meet the conditions specified in Clause 1 of Article 36 of this Law and commit to working for at least five years in mountainous areas, border regions, islands, remote areas, ethnic minority regions, or particularly difficult economic and social conditions may be recruited through direct appointment.

3. The Government shall provide detailed regulations on civil servant examinations and direct appointments.

Article 38. Principles of Recruitment of Civil Servants

1. Ensuring transparency, fairness, objectivity, and compliance with the law.

2. Ensure competitiveness.

3. Selecting the right person to meet job requirements and position needs.

4. Prioritizing the recruitment of talented individuals, those who have rendered meritorious service to the country, and ethnic minorities.

Article 39. Agencies Implementing Recruitment of Civil Servants

1. The Supreme People's Court, the Supreme People's Procuracy, and the State Audit Organization implement recruitment and delegate recruitment authority within their managed agencies, organizations, and units.

2. The National Assembly Office and the President's Office implement recruitment within their managed agencies and units.

3. Ministries, ministerial-level agencies, and government-affiliated agencies implement recruitment and delegate recruitment authority within their managed agencies, organizations, and units.

4. Provincial People's Committees implement recruitment and delegate recruitment authority within their managed agencies, organizations, and units.

5. Party of Vietnam agencies and political-social organizations implement recruitment and delegate recruitment authority within their managed agencies, organizations, and units.

Article 40. Probationary Period for Civil Servants

Individuals recruited as civil servants must undergo a probationary period as prescribed by the Government.

Article 41. Selection and Appointment of Judges and Prosecutors

The selection and appointment of judges of the People's Courts and prosecutors of the People's Procuracies shall be carried out in accordance with laws on the organization of the People's Courts and laws on the organization of the People's Procuracies. People's Procuracy.

Section 3

PROVISIONS ON CIVIL SERVANT RANKS

Article 42. Civil Servant Ranks and Appointment to Ranks

1. Civil servant ranks include:

a) Senior Specialist and equivalent;

b) Principal Specialist and equivalent;

c) Specialist and equivalent;

d) Clerk and equivalent;

đ) Staff.

2. Appointments to ranks must satisfy the following conditions:

a) The appointee must meet the professional and vocational criteria for the rank;

b) The appointment to the rank must be within the authority and must ensure the organizational structure of civil servants in the agency, organization, or unit.

3. Appointments to civil servant ranks are made in the following circumstances: a) An individual who has completed the probationary period after being recruited;

b) A civil servant who has passed a promotion examination;

c) A civil servant transferring to an equivalent rank.

c) Civil servants transferred to equivalent ranks.

Article 43. Transfer of Rank for Civil Servants

1. The transfer of rank refers to the act of appointing a civil servant holding a rank in one specialized field to another rank in a different specialized field at the same level of expertise and profession.

2. A civil servant who is transferred must meet the qualifications and standards of the new rank and be suitable for the assigned duties and powers.

3. If a civil servant is assigned tasks that do not match their current rank's expertise and profession, they must be transferred to a more appropriate rank.

4. Promotion in rank and salary increase shall not be implemented when transferring ranks.

Article 44. Promotion of Rank for Civil Servants

1. Promotion of rank must be based on job position, consistent with the organizational structure of the agency, organization, or unit, and conducted through competitive examinations.

2. A civil servant who meets the criteria and conditions to assume a job position corresponding to a higher rank may register to take the examination for promotion.

3. The examination for promotion of rank must be organized according to principles of competition, transparency, fairness, objectivity, and compliance with the law.

Article 45. Criteria and Conditions for Registering to Take the Examination for Promotion of Rank

1. Civil servants of an agency, organization, or unit that has a need for personnel to fill positions corresponding to the rank being tested may register to take the examination.

2. A civil servant registering to take the examination for promotion of rank must have political integrity, moral character, capability, and professional qualifications meeting the requirements of the rank being tested.

Article 46. Organization of Examinations for Promotion of Rank

1. The content and format of the examination for promotion of rank must align with the professional qualifications of the rank being tested, ensuring the selection of civil servants with capabilities and professional qualifications matching the standards of the rank and fulfilling the job requirements.

2. The Ministry of Home Affairs shall lead and coordinate with relevant agencies and organizations to organize the examination for promotion of rank.

3. The Government shall provide detailed regulations regarding the examination for promotion of rank.

Section 4

TRAINING AND DEVELOPMENT OF CIVIL SERVANTS

Article 47. Training and Development System for Civil Servants

1. The content, program, format, and duration of training and development for civil servants must be based on the job title standards, leadership and management position standards, rank standards, and be consistent with job requirements.

2. Forms of training and development for civil servants include:

a) Development according to rank standards;

b) Training and development according to leadership and management job titles.

3. The content, program, and duration of training and development for civil servants shall be stipulated by the Government.

Article 48. Responsibilities of Agencies, Organizations, and Units in Training and Development

1. Agencies, organizations, and units managing civil servants have the responsibility to develop and publicize plans for training and development to create resources and enhance the capabilities and professional qualifications of civil servants.

2. Agencies, organizations, and units employing civil servants have the responsibility to create conditions for civil servants to participate in training and development to improve their capabilities and professional qualifications.

3. Funding for training and development of civil servants shall be provided from the state budget and other sources as prescribed by law.

Article 49. Responsibilities and Benefits of Civil Servants in Training and Development

1. Civil servants participating in training and development must strictly adhere to the training and development rules and be subject to the management of the training and development institution.

2. Civil servants participating in training and development shall receive full pay and allowances; the time spent in training and development shall be counted towards continuous service tenure and shall be considered for salary increase as prescribed by law.

3. Civil servants achieving outstanding results in training and development programs shall be recognized and rewarded.

4. Civil servants who have received training and development and then voluntarily leave their positions without authorization must compensate for the costs of training and development as prescribed by law.

Section 5

Article REORGANIZATION, APPOINTMENT, TRANSFER, DETACHMENT, RESIGNATION, REMOVAL OF PUBLIC OFFICIALS

Article 50. Reorganization of public officials

1. The reorganization of public officials must be based on job requirements and their political integrity, morality, capacity, and professional qualifications.

2. Public officials being reorganized must meet the professional requirements suitable for their new positions.

Article 51. Appointment of public officials to leadership and management positions

1. The appointment of public officials to leadership and management positions must be based on:

a) Needs and tasks of the agency, organization, or unit;

b) Standards and conditions of leadership and management positions.

The authority, procedures, and processes for appointing public officials to leadership and management positions shall be carried out in accordance with the provisions of the law and the competent authority.

2. The term of appointment for public officials holding leadership and management positions is five years; upon expiration of this term, the competent agency, organization, or unit must consider reappointment or non-reappointment.

3. Public officials who are transferred to another agency, organization, or unit or appointed to a new leadership position shall automatically cease to hold their current leadership positions, except in cases of兼任。

Article 52. Transfer of public officials

1. Based on job requirements, planning, plans for using public officials, leaders, and managers can be transferred within the system of agencies of the Communist Party of Vietnam, State, and political-social organizations.

2. The Government shall specify the details of transferring public officials.

Article 53. Detachment of public officials

1. Agencies, organizations, or units managing detached public officials send them to work at other agencies, organizations, or units according to job requirements.

2. The term of detachment does not exceed three years, except for certain sectors and fields specified by the Government.

3. Detached public officials must comply with the work assignments of the agency, organization, or unit where they are assigned to be detached.

4. Detached public officials sent to mountainous areas, border regions, islands, remote areas, ethnic minority regions, and economically and socially disadvantaged areas shall enjoy preferential policies as stipulated by law.

5. Agencies, organizations, or units managing detached public officials have the responsibility to arrange appropriate work for these officials when the term of detachment expires.

6. Detachment of female public officials who are pregnant or nursing children under thirty-six months old shall not be implemented.

Article 54. Resignation or removal of public officials

1. Public officials in leadership and management positions may resign or be removed in the following cases:

a) Inadequate health;

b) Insufficient capability or reputation;

c) Based on job requirements;

d) For other reasons.

2. After resignation or removal, public officials in leadership and management positions shall be arranged with work commensurate with their trained professional qualifications or allowed to retire or leave their posts.

3. Public officials in leadership and management positions who request resignation or removal but have not been approved by the competent authority must continue to perform their duties and powers.

4. The authority, procedures, and processes for considering and deciding on resignation or removal of public officials in leadership and management positions shall be carried out in accordance with the provisions of the law and the competent authority.

Chapter 6

ASSESSMENT OF CIVIL SERVANTS

Article 55. Purpose of evaluating public officials

Evaluation of public officials aims to clarify their political integrity, morality, capacity, professional qualifications, and results of assigned tasks. The evaluation results serve as the basis for arranging, utilizing, appointing, training, enhancing, rewarding, disciplining, and implementing policies for public officials.

Article 56. Contents of civil servant evaluation

1. Civil servants shall be evaluated based on the following contents:

a) Compliance with the Party's policies, guidelines, and State laws;

b) Political qualities, morals, lifestyle, work style, and discipline;

c) Professional competence and expertise;

d) Progress and results of task completion;

đ) Sense of responsibility and cooperation in performing tasks;

e) Attitude towards serving the people.

2. In addition to the provisions of Clause 1 of this Article, leading and managing civil servants shall also be evaluated based on the following contents:

a) Results of activities of the agency, organization, or unit under their leadership and management;

b) Leadership and management capabilities;

c) Capability to unite and consolidate civil servants.

3. The evaluation of civil servants shall be conducted annually, prior to appointment, planning, transfer, training, and development, at the end of rotation or secondment periods.

4. The Government shall stipulate the procedures and formalities for evaluating civil servants.

Article 57. Responsibilities for Evaluating Civil Servants

1. The head of the agency, organization, or unit employing civil servants shall be responsible for evaluating subordinate civil servants.

2. The evaluation of the head of an agency, organization, or unit shall be carried out by the head of the superior agency or organization directly managing them.

Article 58. Classification of Civil Servant Evaluation Results

1. Based on the evaluation results, civil servants shall be classified according to the following levels:

a) Outstanding performance;

b) Good performance;

c) Completing tasks but with limitations in capacity;

d) Unsatisfactory performance.

2. The classification results of civil servant evaluations shall be recorded in the civil servant's file and communicated to the evaluated civil servant.

3. If a civil servant completes their tasks satisfactorily for two consecutive years but still has limitations in capability, or if they complete their tasks satisfactorily for one year and have limitations in capability while not completing tasks for another year during two consecutive years, the competent agency, organization, or unit shall arrange different work assignments.

If a civil servant fails to complete their tasks for two consecutive years, the competent agency, organization, or unit shall resolve to terminate their employment.

Section 7

TERMINATION OF SERVICE AND RETIREMENT FOR CIVIL SERVANTS

Article 59. Termination of Employment for Civil Servants

1. Civil servants shall be entitled to termination benefits if they fall into one of the following cases:

a) Due to organizational restructuring;

b) According to their own wishes and with the approval of the competent authority;

c) As provided for in Clause 3 of Article 58 of this Law.

2. Civil servants who wish to terminate their employment according to their own wishes must submit a written application to the competent agency, organization, or unit for consideration and decision. Within thirty days from the date of receipt of the application, the competent agency, organization, or unit must respond in writing; if they do not agree to the termination, they must clearly state the reasons; if the civil servant leaves without permission from the competent agency, organization, or unit, they will not be entitled to termination benefits and must compensate for training and development costs as prescribed by law.

3. Termination of employment shall not be granted to civil servants who are currently under disciplinary review or criminal investigation.

4. Termination of employment shall not be granted to female civil servants who are pregnant or nursing children under thirty-six months old, except when they request termination according to their own wishes.

Article 60. Retirement for Civil Servants

1. Civil servants shall retire in accordance with the provisions of the Labor Code.

2. Six months before the civil servant retires, the agency, organization, or unit managing the civil servant must notify in writing about the retirement date; three months before the civil servant retires, the agency, organization, or unit managing the civil servant shall issue a retirement decision.

CHAPTER V

VILLAGE LEVEL OFFICIALS AND CIVIL SERVANTS

Article 61. Positions and Titles of Cadres and Civil Servants at the Commune Level

1. Cadres and civil servants at the commune level as specified in Clause 3, Article 4 of this Law include commune-level cadres and commune-level civil servants.

2. Commune-level cadres have the following positions:

a) Secretary, Deputy Secretary of the Party Committee;

b) Chairperson, Deputy Chairperson of the People's Council;

c) Chairperson, Deputy Chairperson of the People's Committee;

d) Chairman of the Vietnam Fatherland Front Committee;

đ) Secretary of the Ho Chi Minh Communist Youth Union;

e) Chairman of the Vietnam Women's Union;

g) Chairman of the Vietnam Farmers' Association (applicable to communes, wards, towns with agricultural, forestry, fishery, salt industry activities and having the Vietnam Farmers' Association organization);

h) Chairman of the Vietnam Veterans Association.

3. Commune-level civil servants have the following titles:

a) Chief of Public Security;

b) Military Commander;

c) Office - Statistics;

d) Land Administration - Construction - Urban and Environment (for wards, towns) or Land Administration - Agriculture - Construction and Environment (for communes);

đ) Finance - Accounting;

e) Justice - Household Registration;

g) Culture - Social Affairs.

Commune-level civil servants are managed by the district level.

4. The commune-level cadres and civil servants as specified in Clauses 2 and 3 of this Article include cadres and civil servants transferred, reassigned, or seconded to the commune level.

5. Based on economic and social conditions, scale, and characteristics of the locality, the Government shall specify the number of commune-level cadres and civil servants.

Article 62. Obligations and Rights of Commune-Level Cadres and Civil Servants

1. Fulfilling obligations and rights stipulated in this Law, other relevant laws, and regulations of organizations they are members of.

2. When holding a position, commune-level cadres and civil servants shall receive salary and insurance benefits; upon ceasing to hold such positions, if meeting the legal criteria, they may be considered for transfer to become civil servants, in which case they will be exempt from probation and continue to enjoy continuous benefits and policies; if not transferred to become civil servants and not yet eligible for retirement, they will cease receiving salary and implement voluntary insurance contributions according to the law; in cases where they are transferred, rotated, or seconded, competent authorities will arrange appropriate work or resolve their status according to the law. Suitable arrangements or resolution of status according to the law.

The Government shall specify this provision in detail.

Article 63. Election, Recruitment, Training, and Development of Commune-Level Cadres and Civil Servants

1. The election of commune-level cadres shall be carried out in accordance with the Law on Organization of People's Councils and People's Committees, the Law on Election of Deputies to People's Councils, the regulations of related organizations, and other relevant laws and competent authorities. members of the People's Council and People's Committee, the Law on Election of Deputies to the People's Council VND the charter of relevant organizations, other provisions of the law, and regulations of competent authorities.

2. Recruitment of commune-level civil servants must be through competitive examinations; for mountainous areas, border regions, islands, remote areas, ethnic minority regions, and areas with particularly difficult socio-economic conditions, recruitment may be through selection. border The Chairman of the People's Committee at the district level shall organize the recruitment of commune-level civil servants according to the Government's regulations.

The Chairman of the People's Committee at the district level organizes the recruitment of commune-level civil servants in accordance with the Government's regulations.

3. Training and development of commune-level cadres and civil servants must be based on the standards of each position, job requirements, and consistent with cadre planning.

The system of training and development of commune-level cadres and civil servants shall be regulated by the competent authority of the Communist Party of Vietnam and the Government.

Funding for training and development of commune-level cadres and civil servants shall be provided from the state budget and other sources as prescribed by law.

Article 64. Evaluation, classification, resignation from duties, resignation, removal from office, termination of employment, retirement for communal-level cadres and civil servants

The evaluation, classification, resignation from duties, resignation, removal from office, termination of employment, and retirement for communal-level cadres and civil servants shall be carried out according to the corresponding provisions of this Law for cadres and civil servants and other relevant laws and regulations.

Chapter VI

MANAGEMENT OF OFFICIALS AND CIVIL SERVANTS

Article 65. Content of cadre and civil servant management

1. The content of cadre and civil servant management includes:

a) Issuing and implementing normative legal documents on cadres and civil servants;

b) Developing plans and cadre forecasts;

c) Defining positions and organizational structures of cadres;

d) Specifying ranks, positions, and identification numbers of civil servants; describing job descriptions and organizational structures of civil servants to determine the number of authorized personnel;

đ) Other tasks related to cadre and civil servant management as stipulated in this Law.

2. The competent authority of the Communist Party of Vietnam, the Standing Committee of the National Assembly, and the Government shall specify the detailed content of cadre and civil servant management as provided in this Article.

Article 66. Authority to decide on the authorized personnel quota for cadres and civil servants

1. The authority to decide on the authorized personnel quota for cadres shall be implemented in accordance with the law and the competent authority of the Communist Party of Vietnam.

2. The Standing Committee of the National Assembly decides the authorized personnel quota for civil servants of the National Assembly Office, State Audit Agency, People's Court, and People's Procuracy.

3. The President of the State decides the authorized personnel quota for civil servants of the Presidential Office.

4. The Government decides the authorized personnel quota for civil servants of ministries, ministerial-level agencies, government agencies, provincial levels, and state-owned public service units.

5. Based on the authorized personnel quota targets assigned by the Government, the Provincial People's Council decides the authorized personnel quota for civil servants in its own agency, People's Council, People's Committee, and public service units under the People's Committees at various levels.

6. The competent authority of the Communist Party of Vietnam decides the authorized personnel quota for civil servants in the Party's agencies and public service units, and political-social organizations.

Article 67. Implementation of cadre and civil servant management

1. Cadre and civil servant management shall be implemented in accordance with this Law, other relevant laws, the Party's regulations, political-social organization regulations, and directives of competent authorities.

2. The Government exercises unified state management over civil servants.

The Ministry of Home Affairs is responsible before the Government for state management over civil servants.

Ministries, ministerial-level agencies, and provincial People's Committees within their respective functions and powers implement state management over civil servants according to the division of labor and delegation by the Government.

District People's Committees within their respective functions and powers implement state management over civil servants according to the delegation by provincial People's Committees.

3. Political-social organizations within their respective functions and tasks implement civil servant management according to the delegation of competent authorities and as prescribed by the Government.

Article 68. Reporting system on cadre and civil servant management work

1. Annually, the Government reports to the National Assembly on cadre and civil servant management work.

2. The preparation of the Government's report on cadre and civil servant management work is regulated as follows:

a) Ministries, ministerial-level agencies, government agencies, and provincial People's Committees report on cadre and civil servant management work under their jurisdiction;

b) Supreme People's Court, Supreme People's Procuracy, State Audit Agency, National Assembly Office, and Presidential Office report on cadre and civil servant management work under their jurisdiction;

c) The competent authority of the Communist Party of Vietnam and political-social organizations report on civil servant management work under their jurisdiction.

Reports specified in points a, b, and c of this clause shall be submitted to the Government before September 30 each year for consolidation and preparation of the report to submit to the National Assembly.

3. The preparation of reports on cadre management work in the Party's agencies and political-social organizations shall be carried out in accordance with the law and directives of competent authorities.

4. The content of reports on cadre and civil servant management work shall be implemented as stipulated in Article 65 of this Law.

Article 69. Management of Cadres' and Civil Servants' Files

1. The competent authority shall be responsible for managing the files of cadres and civil servants under its management. The files of cadres and civil servants must contain all necessary documents as prescribed, ensuring accurate records of their work history and career progression.

2. The competent authority of the Communist Party of Vietnam shall guide the establishment and management of the files of cadres and civil servants under its management.

3. The Ministry of Home Affairs shall guide the establishment and management of the files of cadres and civil servants, except for cases stipulated in Clause 2 of this Article.

CHAPTER VII

CONDITIONS FOR THE IMPLEMENTATION OF PUBLIC DUTIES

Article 70. Official Premises

1. Official premises are the workplaces of the agencies of the Communist Party of Vietnam, the State, political-social organizations, public service units, with specific names and addresses, including construction works and other assets within the premises.

2. The State shall invest in building official premises for the agencies of the Communist Party of Vietnam, the State, and political-social organizations.

3. The scale, location, design criteria of official premises shall be determined by the competent authority, in accordance with the functions, tasks, organizational structure of each agency, organization, unit approved by the competent state authority and the standards and usage norms.

Article 71. Official Housing

1. Official housing is constructed by the State to provide cadres and civil servants who are transferred, rotated, or seconded to rent during their tenure. Upon completion of the transfer, rotation, or secondment period, cadres and civil servants shall return the official housing to the agency, organization, or unit managing the official housing.

2. The agency, organization, or unit managing official housing must ensure the proper management and use of official housing for its intended purpose and target group.

Article 72. Equipment for Work in Official Premises

1. The State shall ensure equipment for work in official premises to serve the performance of public duties; emphasis shall be placed on investment and application of information technology to enhance the effectiveness of public duty performance.

2. Based on the requirements of the tasks, the agency, organization, or unit shall purchase equipment for work according to the standards, quotas, and management and usage regulations of state assets.

3. The head of the agency, organization, or unit shall be responsible for establishing rules for the management of equipment for work in official premises, ensuring efficiency and economy.

Article 73. Means of Transportation for Public Duty Performance

 The State shall allocate means of transportation for cadres and civil servants to perform public duties in accordance with the provisions of the law on the management and use of state assets; if allocation is not possible, cadres and civil servants shall be reimbursed for travel expenses in accordance with the Government's regulations.

CHAPTER VIII

INSPECTION OF PUBLIC DUTIES

Article 74. Scope of Inspection of Public Duties

1. Inspect the implementation of tasks and powers of cadres and civil servants as prescribed by this Law and other relevant regulations.

2. Inspect the implementation of recruitment, appointment, training, promotion, transfer, rotation, secondment, removal, evaluation, termination, retirement, commendation, disciplinary action, ethics, and communication etiquette in the performance of public duties by civil servants and conditions ensuring the operation of public duties.

Article 75. Implementation of Inspection of Public Duties

1. The Ministry Inspectorate, Provincial Inspectorate, District Inspectorate, and County Inspectorate shall inspect the implementation of tasks and powers of cadres and civil servants within their respective jurisdictions.

2. The Ministry of Home Affairs Inspectorate and Department of Home Affairs Inspectorate shall carry out specialized inspection functions within the scope prescribed in Clause 2 of Article 74 of this Law.

3. The Government shall specify the detailed activities of public duty inspection.

Chapter IX

REWARD AND VIOLATION HANDLING

Article 76. Reward for civil servants

1. Civil servants who achieve merits in their duties shall be rewarded in accordance with the provisions of the law on competition and rewards.

2. Civil servants who are rewarded for outstanding achievements or meritorious acts shall be eligible for salary increase ahead of schedule and given priority when considering promotion to higher positions if there is a need from the agency, organization, or unit.

The Government shall specify this provision in detail.

Article 77. Exemption from liability for civil servants

Civil servants shall be exempted from liability in the following cases:

1. They must comply with a decision contrary to the law issued by a superior authority but have reported to the person issuing the decision before compliance.

2. Due to force majeure as provided by law.

Article 78. Disciplinary measures against officials

1. Officials who violate the provisions of this Law and other relevant laws shall bear one of the following disciplinary measures depending on the nature and severity of the violation:

a) Reprimand;

b) Warning;

c) Dismissal from position;

d) Removal from office.

2. The measure of dismissal shall only apply to officials approved to hold a position for a term.

3. An official convicted of a crime and whose judgment has become legally binding shall automatically cease holding a position obtained through election, approval, or appointment; in case they are sentenced to imprisonment without probation, they shall automatically be dismissed from employment.

4. The application of disciplinary measures, jurisdiction, procedures, and formalities for disciplinary action against officials shall be carried out in accordance with the provisions of the law, the Party Program of the Communist Party of Vietnam, political-social organizations, and documents of competent authorities.

Article 79. Disciplinary measures against civil servants

1. Civil servants who violate the provisions of this Law and other relevant laws shall bear one of the following disciplinary measures depending on the nature and severity of the violation:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

c) Demotion in rank;

d) Dismissal from office;

e) Compulsory termination of employment.

2. The measures of demotion or dismissal shall only apply to civil servants holding leadership or management positions.

3. A civil servant sentenced to imprisonment without probation shall be compulsorily terminated from employment from the date the judgment becomes legally binding; a civil servant in a leadership or management position convicted of a crime and whose judgment has become legally binding shall automatically cease holding the appointed position.

4. The Government shall stipulate the application of disciplinary measures, procedures, and jurisdiction for disciplinary actions against civil servants.

Article 80. Statute of limitations, time limit for disciplinary action                  

1. The statute of limitations for disciplinary action is the period prescribed by this Law, and once that period expires, civil servants who commit violations will not be subject to disciplinary action.

The statute of limitations for disciplinary action is twenty-four months, calculated from the date of the violation.

2. The time limit for disciplinary action against civil servants is the period from the discovery of the disciplinary violation by the civil servant to the issuance of the disciplinary decision by the competent authority.

The time limit for disciplinary action shall not exceed two months; in cases where the matter involves complex circumstances requiring additional investigation and verification, the time limit for disciplinary action may be extended but shall not exceed four months at most.

3. In cases where an individual has been indicted, prosecuted, or decided to be tried under criminal procedure, but subsequently a decision to terminate the investigation or close the case is made, and the violation indicates a disciplinary offense, disciplinary action shall be taken; within three days from the date of the decision to terminate the investigation or close the case, the decision maker must send the decision and case file to the competent authority for disciplinary action.

Article 81. Suspension from duty for civil servants

1. The agency, organization, or unit managing civil servants may issue a decision to suspend them from duty during the period of examination and disciplinary action if allowing such civil servants to continue working could create difficulties for the examination and handling process. The suspension period shall not exceed fifteen days; in cases where it is necessary, it can be extended but shall not exceed fifteen days in total; if the civil servant is detained or arrested for investigative, prosecution, or trial purposes, the detention or arrest period shall be counted as a justified leave of absence; upon expiration of the suspension period, if the civil servant is not subject to disciplinary action, they shall be reinstated to their previous position.

2. During the period of suspension from duty or detention or arrest for investigative, prosecution, or trial purposes, civil servants shall receive salary according to the regulations of the Government.

Article 82. Other provisions related to disciplined civil servants

1. Civil servants who are reprimanded or warned shall have their salary increment period extended by six months, starting from the date the disciplinary decision becomes effective; if demoted or dismissed, the salary increment period shall be extended by twelve months, starting from the date the disciplinary decision becomes effective.

2. Civil servants who are disciplined with reprimand up to dismissal shall not implement grade promotion, planning, training, or appointment within twelve months from the date the disciplinary decision becomes effective; after this period, if the civil servant does not violate to the extent requiring disciplinary action, they shall continue to implement grade promotion, planning, training, or appointment according to the law.

3. Civil servants under examination for disciplinary action, under investigation, prosecution, or trial shall not be nominated, appointed, transferred, rotated, detailed, trained, promoted, granted retirement, or terminated employment.

4. Civil servants dismissed due to corruption shall not be appointed to leadership positions.

Article 83. Management of commendation and disciplinary records for civil servants

Commendations and disciplinary actions for civil servants shall be recorded in their personnel files.

CHAPTER X

IMPLEMENTING PROVISIONS

Article 84. Application of the Law on Civil Servants to other subjects

1. The competent authority of the Communist Party of Vietnam, the Standing Committee of the National Assembly, and the Government shall specify the application of this Law to persons elected but not falling under the scope defined in Clause 1 of Article 4 of this Law; the allowance system for those who have retired but are elected to hold positions or titles of civil servants.

2. The competent authority of the Communist Party of Vietnam and the Government shall specify the application of the Law on Civil Servants to persons dispatched or assigned by the Party and State and those recruited or appointed according to the staffing quota to work in political social-professional organizations, social organizations, and social-professional organizations.

3. The Government shall specify the application of the Law on Civil Servants to the Chairman of the Board of Directors, members of the Board of Directors, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and other leadership positions in state-owned enterprises; persons appointed by the State as representatives of the State's ownership interest in enterprises with State capital contribution.

4. The Government shall specify the framework quantity, system, and policies for non-professional staff at commune level.

Article 85. Transitional provisions for employees in public service units

The current legal regulations related to employees in public service units who are not officials or civil servants as defined in this Law shall continue to be implemented until the Law on Public Officials takes effect.

Article 86. Effective Date

1. This Law shall take effect from January 1, 2010.

2. The Ordinance on Cadres and Civil Servants dated February 26, 1998; the Ordinance amending and supplementing certain articles of the Ordinance on Cadres and Civil Servants dated April 28, 2000; and the Ordinance amending and supplementing certain articles of the Ordinance on Cadres and Civil Servants dated April 29, 2003 shall cease to be effective from the date this Law takes effect.

Article 87. Detailed provisions and guidance on implementation

The Standing Committee of the National Assembly, the Government, and other competent authorities shall provide detailed regulations and guidance on implementing the provisions assigned in this Law; and provide necessary guidance on other aspects of this Law to meet state management requirements.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 12th term, fourth session, on November 13, 2008./.