Decree No. 24/2010/ND-CP on recruitment, employment, and management of civil servants

DECREE

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

________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

This Decree applies to:

1. Civil servants as defined in Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government are those individuals specified therein.

2. Civil servant management agencies include:

a) Authorities of the Communist Party of Vietnam, political and social organizations;

b) Provincial Party Committees directly under the Central Committee;

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

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

đ) Ministries, ministerial-level agencies, agencies under the Government, and organizations established by the Government or the Prime Minister that are not public service units;

e) People's Committees of provinces and centrally governed cities.

Chapter II

RECRUITMENT OF CIVIL SERVANTS

Section 1

||| BASIS, CONDITIONS, AND AUTHORITY FOR RECRUITING CIVIL SERVANTS

Article 3. Basis for recruiting civil servants

1. Recruitment of civil servants must be based on job requirements, position descriptions, and staffing quotas of the employing agency.

2. The employing agency is responsible for determining and describing job positions, reporting to the civil servant management agency for approval as the basis for recruiting civil servants.

3. Each year, the employing agency develops a recruitment plan, reports to the civil servant management agency for approval, and organizes recruitment in accordance with this Decree.

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

The conditions for registering to apply for civil servant positions shall be implemented in accordance with Clause 1, Article 36 of the Civil Servant Law. The employing agency determines other conditions according to the requirements of the applied position as stipulated in Point g, Clause 1, Article 36 of the Civil Servant Law, and reports to the civil servant management agency for approval before recruitment.

Article 5. Priority in recruiting civil servants

1. Subjects and priority points in civil servant examinations or assessments:

a) Heroes of the Armed Forces, Labor Heroes, war invalids, persons enjoying benefits equivalent to war invalids: 30 points added to the total examination or assessment score;

b) Ethnic minority persons, military officers, police officers, professional military personnel, former cryptographers, children of martyrs, children of war invalids, children of disabled veterans, children of persons enjoying benefits equivalent to war invalids, children of revolutionary activists prior to the general uprising (from August 19, 1945 onwards), children born to anti-war combatants exposed to toxic chemicals, children of Heroes of the Armed Forces, children of Labor Heroes: 20 points added to the total examination or assessment score;

c) Persons who have completed their military service, served for at least 24 months in the People's Police force, volunteer youth corps, or voluntary intellectual youth participating in rural and mountainous development: 10 points added to the total examination or assessment score.

2. In cases where an applicant for civil servant examination or assessment falls into multiple priority categories as provided for in Clause 1 of this Article, only the highest priority points will be added to the examination results as prescribed in Clause 3, Article 10 of this Decree or the assessment results as prescribed in Clause 4, Article 13 of this Decree.

Article 6. Authority for recruiting civil servants

1. Agencies authorized to recruit civil servants include:

a) Agencies as specified in Article 39 of the Civil Servant Law;

b) Agencies, organizations, units authorized to recruit civil servants as specified in Article 39 of the Civil Servant Law, allocated staffing, operating funds, and having separate seals and bank accounts.

2. Based on the number of applicants, the head of the agency authorized to recruit decides to establish an Examination Board when organizing examinations and an Assessment Board when organizing assessments (hereinafter referred to collectively as the Recruitment Board).

3. In cases where a Recruitment Board is not established, the advisory department on organizational and cadre work of the agency authorized to recruit assists the head of the agency authorized to recruit in conducting recruitment; simultaneously, when organizing recruitment, relevant departments must still be established as prescribed in Point a, Clause 2, Article 7 of this Decree.

Article 7. Recruitment Council for Civil Servants  

1. The Recruitment Council for Civil Servants shall consist of 05 or 07 members, including:

a) The Chairman of the Council is the head or deputy head of the authority with the right to recruit civil servants;

b) The Vice-Chairman of the Council is the head of the advisory department on organizational and personnel work of the authority with the right to recruit civil servants;

c) A member兼任秘书的委员是负责组织和人事工作的部门中的公务员；

d) Other members are representatives of some specialized departments related to the recruitment process.

2. The Recruitment Council operates based on the principle of collective decision-making by majority vote, and has the following tasks and powers:

a) Establish a working group comprising: Examination Committee, Supervision Committee, Sealing Committee, Grading Committee in case of examination recruitment, Inspection Committee in case of assessment recruitment, and Reconsideration Committee;

b) Organize application fees collection and use according to regulations;

c) Conduct grading;

d) At the latest within 15 days from the date of completing the grading, the Recruitment Council must report to the head of the authority with the right to recruit civil servants the results of the examination recruitment or assessment recruitment for review and decision to recognize the results of the examination recruitment or assessment recruitment;

e) Handle complaints and denunciations during the organization of examination recruitment or assessment recruitment.

Section 2

CIVIL SERVICE RECRUITMENT EXAMINATIONS

Article 8. Subjects and Forms of Examinations

1. General Knowledge Subject: Written examination on one essay about the political system, organizational structure of the Party and State, social-political organizations; administrative management of the State; policies and laws of the Party and State regarding the industry or field of recruitment.

2. Professional Subject: Written examination on one essay and multiple-choice examination on one paper about professional knowledge according to the requirements of the job position.

For job positions requiring expertise in foreign languages or information technology, the professional subject is a foreign language or information technology. The head of the authority with the right to recruit civil servants decides the form and content of the examination for the professional subject in foreign languages or information technology suitable for the job position to be recruited. In this case, the applicant does not need to take the foreign language examination specified in Clause 3 or the office information technology examination specified in Clause 4 of this Article.

3. Foreign Language Subject: Written or oral examination on one paper in one of five languages: English, Russian, French, German, Chinese, or other foreign languages as required by the job position decided by the head of the authority with the right to recruit civil servants.

For job positions requiring the use of ethnic minority languages, the foreign language examination is replaced by an ethnic minority language examination. The head of the authority with the right to recruit civil servants decides the form and content of the ethnic minority language examination.

4. Office Information Technology Subject: Practical examination on computer or multiple-choice examination on one paper according to the requirements of the job position decided by the head of the authority with the right to recruit civil servants.

Article 9. Conditions for Exemption from Certain Subjects

Applicants registering for civil servant recruitment may be exempted from certain subjects in the civil servant recruitment examination as follows:

1. Exemption from the foreign language subject if the professional subject is not a foreign language and if they meet one of the following conditions:

a) Hold a bachelor's or postgraduate degree in foreign languages;

b) Hold a bachelor's or postgraduate degree from abroad or a bachelor's or postgraduate degree obtained at a training institution in Vietnam taught in a foreign language.

2. Exemption from the office information technology subject if they hold a diploma from a specialized secondary level in information technology or higher.

Article 10. Calculation of Points

1. Examination papers are graded on a scale of 100 points.

2. Points for examination subjects shall be calculated as follows:

a) General knowledge subject: with a coefficient of 1;

b) Professional vocational subject: written examination paper with a coefficient of 2; multiple-choice examination paper with a coefficient of 1;

c) Foreign language, ethnic minority language, office computer skills subject: with a coefficient of 1 and not included in the total examination score.

3. The examination result is the sum of the scores of the general knowledge and professional vocational subjects calculated according to Clause 2 of this Article, plus the preferential points stipulated in Article 5 of this Decree.

Article 11. Determination of Successful Candidates in the Civil Service Examination

1. A successful candidate in the civil service examination must meet the following conditions:

a) Having all examination papers of the examination subjects;

b) Each examination paper score reaching 50 points or higher;

c) Having an examination result higher than the quota for each position, ranked from highest to lowest.

2. In case two or more candidates have the same examination result at the position to be recruited, the candidate with a higher score on the written examination paper of the professional vocational subject is the successful candidate; if the written examination paper scores are equal, the candidate with a higher score on the multiple-choice examination paper of the professional vocational subject is the successful candidate; if still unable to determine the successful candidate, the head of the recruitment authority decides the successful candidate.

3. A non-successful candidate in the civil service examination shall not retain the examination results for subsequent examinations.

Section 3

CIVIL SERVICE SELECTION

Article 12. Content of Recruitment Examination for Civil Servants

1. Reviewing the academic performance of the candidates.

2. Interviewing about the professional and vocational qualifications of the candidates.

Article 13. Calculation of Points

1. Academic performance points are determined by the average of the results of all subjects studied throughout the entire training period of the candidate at the required professional and vocational level, converted to a scale of 100 points and with a coefficient of 2.

2. Graduation points are determined by the average of the results of the graduation examination papers or thesis defense scores of the candidate, converted to a scale of 100 points and with a coefficient of 1.

3. Interview points are calculated on a scale of 100 points and with a coefficient of 1.

4. The recruitment examination result is the sum of the academic performance points, graduation points, interview points calculated according to Clauses 1, 2, and 3 of this Article, and preferential points as stipulated in Article 5 of this Decree.

5. In cases where the candidate's educational level is higher than the required educational level for the position to be recruited, the recruitment authority bases the calculation of points according to Clauses 1, 2, and 3 of this Article on the candidate's academic performance record and professional and vocational interview scores.

Article 14. Determination of Successful Candidates in the Recruitment Examination for Civil Servants

1. A successful candidate in the recruitment examination for civil servants must meet the following conditions:

a) Having academic performance points, graduation points, and interview points, each type reaching 50 points or higher;

b) Having a recruitment examination result higher than the quota for each position, ranked from highest to lowest.

2. In case two or more candidates have the same recruitment examination result at the position to be recruited, the candidate with a higher academic performance score is the successful candidate; if the academic performance scores are equal, the candidate with a higher graduation score is the successful candidate; if still unable to determine the successful candidate, the head of the recruitment authority decides the successful candidate.

3. A non-successful candidate in the recruitment examination for civil servants shall not retain the recruitment examination results for subsequent recruitment examinations.

SECTION 4

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR CIVIL SERVICE RECRUITMENT

Article 15. Announcement of Recruitment and Acceptance of Application Files

1. The competent authority for civil servant recruitment must publicly announce on mass media, the electronic information page of the agency, and post publicly at the workplace regarding the standards, conditions, number to be recruited, time limit, and location for accepting application files from applicants.

2. The time limit for accepting application files from applicants must be at least thirty days from the date of public announcement of recruitment on mass media.

3. At least seven days before organizing the examination or selection process, the competent authority for civil servant recruitment must establish a list of qualified candidates and post it publicly at the workplace.

Article 16. Organization of Recruitment

1. Upon expiration of the time limit for accepting application files from applicants, the head of the competent authority for civil servant recruitment decides to establish a Recruitment Board to organize the recruitment. In cases where a Recruitment Board is not established, the head of the competent authority for civil servant recruitment assigns the organizational staff department to carry out the process.

2. The Ministry of Interior issues the Regulation on Organizing Civil Servant Examinations and Selections.

Article 17. Announcement of Recruitment Results

1. Within fifteen days from the date of receiving the examination or selection results report from the Recruitment Board, the competent authority for civil servant recruitment must publicly post the examination or selection results and the tentative list of successful candidates at the workplace and on the electronic information page of the competent authority for civil servant recruitment; send the examination or selection results notification in writing to the applicants at the address registered by the applicants.

2. Within fifteen days from the date of publicly posting the examination or selection results, the applicants have the right to submit a request for re-examination of the examination or selection results. The head of the competent authority for civil servant recruitment is responsible for organizing the re-examination within fifteen days from the end of the deadline for submitting re-examination requests as stipulated herein.

3. After implementing the provisions of Clause 1 and Clause 2 of this Article, the head of the competent authority for civil servant recruitment reports to the civil servant management agency for approval of the recruitment results; sends the written notification of recognition of successful candidates' results to the applicants at the address registered by the applicants, with the notification content clearly stating the time for the successful candidates to come to receive the recruitment decision.

Article 18. Time Limit for Issuing Recruitment Decision and Starting Work

1. Based on the notification of recognition of successful candidates' results as stipulated in Clause 3 of Article 17 of this Decree, the head of the competent authority for civil servant recruitment issues the civil servant recruitment decision.

2. Within the latest thirty days from the date of the recruitment decision, the person recruited as a civil servant must report to the agency to start work, except in cases where the recruitment decision specifies a different time limit. If the person recruited as a civil servant has a valid reason for not being able to report for work, they must submit a request for extension before the end of the aforementioned period to the competent authority for civil servant recruitment. The extension period shall not exceed thirty days from the end of the reporting for work time limit specified herein.

3. If the person recruited as a civil servant does not report for work after the time limit specified in Clause 2 of this Article, the competent authority for civil servant recruitment issues a decision to revoke the recruitment decision.

Article 19. Special cases in recruitment

1. Based on the conditions for registering to take the civil service examination as stipulated in Clause 1, Article 36 of the Civil Servants Law, and job requirements, the head of the civil servant management agency may consider and accept without examination the following special cases:

a) Graduates who are top graduates from domestic higher education institutions;

b) Graduates with excellent or outstanding grades from universities or postgraduate programs abroad;

c) Individuals with a bachelor's degree or higher, having at least five years of work experience in the relevant field, and meeting the immediate requirements of the position being recruited.

2. In cases where individuals recruited as civil servants under this Decree have worked and paid mandatory social insurance but have not received a lump-sum pension benefit, and are assigned to work in accordance with their educational training or previous professional expertise, the period of work with mandatory social insurance payment will be counted towards determining the appropriate rank and salary grade corresponding to the recruited position. Discontinuous periods of work with mandatory social insurance payments will be accumulated.

3. The head of the civil servant management agency must obtain the unified opinion of the Ministry of Home Affairs for state agencies or the Central Organization Board for Party of Vietnam and political-social organizations when accepting the cases specified in Clause 1 of this Article and determining the rank and salary grade for the cases specified in Clause 2 of this Article.

MỤC 5

PROBATIONARY PERIOD

Article 20. Probationary system

1. Individuals recruited as civil servants must undergo a probationary period to familiarize themselves with the working environment and perform tasks of the recruited position.

2. The probationary period is defined as follows:

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

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

c) Individuals recruited as provisional civil servants before January 1, 2010, according to the Civil Servants Ordinance shall switch to the probationary system. The time spent in the provisional civil servant system will be counted toward the probationary period;

d) Time off due to maternity leave under social insurance regulations and sick leave, detention, arrest, or suspension of duties as prescribed by law will not be counted toward the probationary period.

3. Content of the probationary period:

a) Understanding the provisions of the Civil Servants Law regarding the rights and obligations of civil servants, actions that civil servants are prohibited from undertaking; understanding the organizational structure, functions, responsibilities, powers of the agency, organization, unit where they work, internal rules and working regulations of the agency, organization, unit, and the responsibilities and tasks of the recruited position;

b) Enhancing professional knowledge and skills according to the requirements of the recruited position;

c) Practicing the resolution and implementation of tasks of the recruited position.

4. The probationary system will not be implemented for cases where the individual has worked and paid mandatory social insurance for a period equal to or longer than the probationary period specified in Clause 2 of this Article.

Article 21. Guidance for Probation

The agency using civil servants shall be responsible for:

1. Guide the probationer to thoroughly understand and practice tasks according to the content of the probation as prescribed in Clause 3, Article 20 of this Decree.

2. Within the latest seven working days from the date the civil servant starts work, the head of the employing agency must assign a civil servant of the same rank or higher, with competence and experience in specialized fields and professional duties, to guide the probationer. Each civil servant can only guide one probationer at a time.

Article 22. Regulations and Policies for Probationers and Guidance Personnel

1. During the probation period, the probationer shall receive 85% of the salary grade 1 of the recruited rank; if the probationer has a master's degree that meets the recruitment requirements, they shall receive 85% of the salary grade 2 of the recruited rank; if the probationer has a doctoral degree that meets the recruitment requirements, they shall receive 85% of the salary grade 3 of the recruited rank. Additional allowances shall be received according to the provisions of the law.

2. The probationer shall receive 100% of the salary and allowances corresponding to the recruited rank as stipulated in Clause 1 of this Article in the following cases:

a) Working in mountainous areas, border regions, islands, remote areas, ethnic minority regions, and regions with particularly difficult socio-economic conditions;

b) Working in hazardous and dangerous industries;

c) Being a person who has completed military service, compulsory service in the People's Public Security force, officers, professional soldiers, personnel in confidential work transferred from other sectors, volunteers in rural development, young intellectuals volunteering to develop mountainous regions for at least 24 months and have completed their assigned tasks.

3. The probation period shall not be counted towards the time for salary increment review.

4. Civil servants assigned to guide probationers shall receive a responsibility allowance coefficient of 0.3 compared to the minimum wage during the probation guidance period.

Article 23. Appointment to the Rank of Civil Servant for Probationers Who Have Completed the Probation Period

1. Upon completion of the probation period, the probationer must submit a written report on the results of the probation; the probation guidance personnel must provide a written assessment of the probation results for the probationer and send it to the employing agency.

2. The head of the employing agency evaluates the political qualities, ethics, and work results of the probationer. If the probationer meets the requirements of the civil servant rank being trained, there shall be a written proposal to the civil servant management agency to issue a decision appointing and determining the salary for the recruited civil servant.

Article 24. Revocation of Recruitment Decision for Probationers

1. The recruitment decision shall be revoked if the probationer fails to complete the assigned tasks or is disciplined with a warning or higher during the probation period.

2. The head of the employing agency shall propose in writing to the civil servant management agency to revoke the recruitment decision for cases as prescribed in Clause 1 of this Article.

3. A probationer whose recruitment decision is revoked shall be provided with one month's salary, current allowances, and travel expenses by the employing agency to return to their place of residence.

PART 6

REVIEW AND TRANSFER OF VILLAGE LEVEL OFFICIALS TO CIVIL SERVANTS AT THE DISTRICT LEVEL OR HIGHER

Article 25. Conditions and Standards for Review and Transfer

Village-level officials as prescribed in Clause 2, Article 61 of the Civil Servants Law when ceasing to hold office at the end of their term and village-level civil servants as prescribed in Clause 3, Article 61 of the Civil Servants Law may be reviewed and transferred to become civil servants at the district level or higher if they meet the following conditions and standards:

1. The employing agency has a need to recruit according to the structure of the civil servant rank suitable for the position to be filled.

2. They possess all the professional standards of the civil servant rank corresponding to the position to be filled.

3. They have worked as village-level officials or civil servants for at least 60 months. In cases where the time of work is not continuous and they have not yet received a one-time social insurance benefit, the periods can be accumulated.

4. They have political qualities, moral qualities, and have fulfilled the assigned responsibilities and tasks.

5. They are not under disciplinary review or currently serving a disciplinary decision by the competent authority, are not under criminal prosecution, are not serving or have completed serving a criminal judgment or decision by the Court without having had the criminal record expunged, or are not subject to administrative measures involving placement in a medical facility, educational institution, or juvenile detention center.

Article 26. Competence to Review the Transfer of Village-level Cadres and Civil Servants to Higher-level Civil Servants

The head of the civil servant management agency as stipulated in Clause 2, Article 1 of this Decree shall review the transfer of village-level cadres and civil servants to higher-level civil servants working within the scope under their management authority.

Chapter III

USE OF CIVIL SERVANTS

Section 1

 POSITIONING, ASSIGNING TASKS AND TRANSFERRING RANKS OF CIVIL SERVANTS

Article 27. Positioning and Assigning Tasks

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

2. The positioning and assignment of tasks to civil servants must ensure that the powers and responsibilities assigned match the position, rank, and civil service grade appointed.

3. Civil servants positioned in roles requiring periodic job rotation shall implement such rotations according to the provisions of the law.

Article 28. Transferring Ranks of Civil Servants

1. The transfer of ranks of civil servants shall be carried out when civil servants change their jobs or are required to rotate positions where the current civil service rank does not meet the requirements of the new position.

2. Civil servants transferring ranks must meet the professional standards of the new rank.

3. The head of the agency using civil servants, based on the provisions of Article 43 of the Civil Servant Law, shall propose the civil servant management agency to decide on the transfer of civil servant ranks.

4. Rank promotion and salary increment shall not be combined during rank transfer.

Section 2

PROMOTING THE RANK OF CIVIL SERVANTS

Article 29. Basis, Principles, Standards, and Conditions for Promoting the Rank of Civil Servants

1. Promotion of civil servant ranks must be based on job positions, consistent with the civil servant structure of the employing agency, and conducted through a rank promotion examination as prescribed.

2. Competitive principles in the rank promotion examination shall be implemented among civil servants within the same civil servant management agency.

3. Civil servants may register for the rank promotion examination if they meet the following criteria and conditions:

a) Successfully completing tasks over the most recent continuous three-year period; having good political and moral qualities; not being in a disciplinary action period or having been notified about disciplinary consideration by the competent authority;

b) Possessing the capability and expertise to undertake a job position corresponding to a higher civil service rank than the currently held rank within the same specialty field;

c) Meeting the requirements regarding certificates and other professional standards of the civil service rank for which they are registering to take the examination.

4. The civil servant management agency shall compile a list of civil servants meeting the criteria and conditions for registering for the rank promotion examination, submit it in writing to the agency organizing the rank promotion examination as stipulated in Article 30 of this Decree, and bear responsibility for the standards and conditions of the civil servants taking the rank promotion examination.

For the senior specialist and equivalent rank promotion examination, the civil servant management agency must submit individual registration files for each civil servant to the agency organizing the rank promotion examination for evaluation and management.

Article 30. Allocation of Organizing Promotion Examinations for Civil Servants

1. The Ministry of Home Affairs shall be responsible for organizing promotion examinations for civil servants from the rank of specialist and equivalent to the rank of senior specialist and equivalent; from the rank of senior specialist and equivalent to the rank of principal specialist and equivalent in state agencies and state-owned public service units.

2. The Party Central Organization Committee shall be responsible for organizing, in coordination with the Ministry of Home Affairs, promotion examinations for civil servants from the rank of specialist and equivalent to the rank of senior specialist and equivalent; from the rank of senior specialist and equivalent to the rank of principal specialist and equivalent in agencies and public service units of the Communist Party of Vietnam and political-social organizations.

3. The civil servant management agency as stipulated in Clause 2, Article 1 of this Decree shall be responsible for organizing, in coordination with the Ministry of Home Affairs, promotion examinations for civil servants from the rank of staff member to the rank of officer and equivalent; from the rank of staff member, officer and equivalent to the rank of specialist and equivalent within its jurisdiction.

4. Each year in March, based on the provisions of Article 29 of this Decree, state agencies shall develop plans for promotion examinations for each rank of civil servant and submit them to the Ministry of Home Affairs; competent authorities of the Communist Party of Vietnam and political-social organizations shall develop plans for promotion examinations for each rank of civil servant and submit them to the Party Central Organization Committee, while also submitting them to the Ministry of Home Affairs for unified implementation.

5. The Ministry of Home Affairs shall provide detailed guidance on the format, content of subjects, examination papers, grading scales, and regulations for organizing promotion examinations for civil servants.

Article 31. Duties and Powers of the Agency Organizing Promotion Examinations for Civil Servants

The head of the agency organizing promotion examinations for civil servants as stipulated in Article 30 of this Decree shall perform the following duties and powers:

1. Develop plans for organizing promotion examinations for civil servants;

2. Determine the number of candidates for promotion examinations in accordance with the number of job positions and the structure of civil servants;

3. Determine the list of civil servants meeting the criteria and conditions for participating in promotion examinations;

4. Establish the Promotion Examination Board;

5. Recognize the results of the promotion examination period and notify the civil servant management agency;

6. Supervise and monitor the organization of examinations by the Promotion Examination Board.

Article 32. Promotion Examination Contract

1. The Promotion Examination Board shall be established by the head of the agency organizing promotion examinations. The Board shall consist of five or seven members, including the Chairman of the Board and Board members, among which there is one member兼任书记员。

2. The Promotion Examination Board operates under the principle of collective decision-making, majority voting, and performs the following tasks and powers:

a) Announce the plan, time, rules, format, content, time, and location of the examination;

b) Establish working groups including: the Question-setting Committee, the Examination Supervision Committee, the Sealing Committee, the Marking Committee, and the Re-examination Committee;

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

d) Organize marking and re-examination according to the regulations;

e) Summarize and report to the head of the agency organizing promotion examinations on the results of the promotion examination period;

f) Resolve complaints and reports during the organization of the examination period.

Article 33. Determining Successful Candidates in the Civil Service Rank Promotion Examination

1. A civil servant who successfully passes the civil service rank promotion examination must meet the following conditions:

a) Participating in all examination subjects as prescribed;

b) Receiving scores of 50 points or higher for each subject, with each subject being graded on a scale of 100 points;

c) When meeting the conditions stipulated in points a and b of Clause 1 of this Article, the successful candidate in the rank promotion examination shall be determined as the person with the highest total score, ranked from highest to lowest within the quota for rank promotion tied to the position of work in the civil service management agency;

d) In cases where multiple candidates have the same total score at the final quota for rank promotion of the civil service management agency, the head of the agency organizing the rank promotion examination shall issue a document to exchange with the civil service management agency to decide on the successful candidate at the final quota for rank promotion.

2. If the number of successful candidates according to Clause 1 of this Article is insufficient to meet the quota for rank promotion of the civil service management agency, the agency organizing the civil service rank promotion examination will not organize further examinations for the remaining quotas.

3. Civil servants who fail to pass the rank promotion examination as stipulated in Clause 1 of this Article are not entitled to retain their examination results for subsequent rank promotion examinations.

Article 34. Announcing Examination Results and Promoting to Civil Service Ranks

1. The examination board for civil service rank promotion has the responsibility to inform the civil service management agencies about the examination scores of civil servants participating in the rank promotion examination.

2. Within fifteen days from the date of the examination score announcement, civil servants have the right to submit a request for a re-examination of the examination results to the examination board for civil service rank promotion. The examination board for civil service rank promotion is responsible for organizing the re-examination and announcing the results within fifteen days from the end of the deadline for submitting re-examination requests as stipulated in this clause.

3. Within fifteen days from the completion of the provisions in Clause 1 and Clause 2 of this Article, the examination board for civil service rank promotion must report to the head of the agency assigned to organize the civil service rank promotion examination to approve the examination results and the list of successful candidates.

In cases where multiple candidates have the same total score at the final quota for rank promotion of the civil service management agency, the examination board for civil service rank promotion shall prepare a separate list of these candidates to determine the successful candidates according to point d of Clause 1 of Article 33 of this Decree.

4. Within fifteen days from the completion of the provisions in Clause 3 of this Article, the head of the agency organizing the rank promotion examination is responsible for deciding the examination results and the list of successful candidates, and informing the civil service management agency with participating civil servants.

5. Within fifteen days from the receipt of the list of successful candidates in the rank promotion examination, the head of the civil service management agency issues a decision to promote to the rank and set the salary for the successful civil servants according to regulations.

For the promotion to the senior specialist rank and equivalent, based on the results of the rank promotion examination, the Ministry of Home Affairs issues a decision to promote to the rank and set the salary for the successful civil servants according to regulations.

Section 3

CHAPTER MOVEMENT, ROTATION, AND DETACHMENT OF CIVIL SERVANTS

Article 35. Movement of Civil Servants

The movement of civil servants shall be carried out in the following cases:

1. In accordance with specific tasks;

2. Changing work positions as prescribed by law;

3. In accordance with planning and plans for the use of civil servants within agencies, organizations, units, and between agencies, organizations, and units, pursuant to decisions of competent authorities.

Article 36. Rotation of Civil Servants

1. The rotation of civil servants shall only be implemented for civil servants holding leadership and management positions and those included in the planning for higher leadership and management positions.

2. Cases where the rotation of civil servants is carried out:

a) In accordance with the requirements of tasks, planning, and plans for the use of civil servants by agencies, organizations, and units;

b) Rotation between central and local levels, among sectors, and fields according to planning to continue training, education, and development of leadership and management civil servants.

Article 37. Detachment of Civil Servants

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

a) In response to urgent tasks;

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

2. The term of detachment of civil servants shall not exceed three years. For some special sectors and fields, the term of detachment shall be implemented in accordance with the provisions of specialized laws.

3. Civil servants assigned for detachment shall be subject to assignment, placement, evaluation, and inspection of their performance of duties by the agency, organization, or unit to which they are detached and shall still belong to the establishment of the agency, organization, or unit assigning the detachment. The agency, organization, or unit assigning the detachment of civil servants shall be responsible for arranging appropriate work for the civil servant upon completion of the detachment term, shall be responsible for paying salary, and ensuring other benefits of the civil servant assigned for detachment.

Article 38. Authority, Procedure, and Formalities for Movement, Rotation, and Detachment of Civil Servants

1. The head of the agency, organization, or unit authorized to manage civil servants shall decide on the movement, rotation, and detachment of civil servants.

2. The procedure and formalities for the movement, rotation, and detachment of civil servants shall be carried out in accordance with the provisions of law and the competent authority managing civil servants.

Article 39. System and Policy for Civil Servants Subject to Movement, Rotation, and Detachment

1. In the case where a civil servant is moved or rotated to a different position that does not match the current civil service grade, they must change grades in accordance with Article 29 of this Decree and cease to hold the leadership and management position they are currently undertaking from the date of the decision on movement or rotation.

2. In the case where a civil servant holding a leadership and management position is moved to a different position with a lower position allowance than the current position allowance, they shall retain the current position allowance for six months.

3. In the case where a civil servant is rotated to a different position with a lower position allowance than the current position allowance, they shall retain the current position allowance during the rotation period.

4. Civil servants assigned to work in mountainous areas, border regions, islands, remote areas, ethnic minority regions, and areas with particularly difficult socio-economic conditions shall enjoy preferential systems and policies as prescribed by law.

SECTION 4

APPOINTMENT, REAPPOINTMENT, RESIGNATION, AND REMOVAL FROM OFFICE OF CIVIL SERVANTS

Article 40. Appointment of civil servants to leadership and management positions

1. Criteria and conditions for appointing civil servants to leadership and management positions:

a) Meeting the criteria and conditions for the position and title according to the regulations of the competent authority;

b) Having complete personal files verified clearly by the competent authority, with a declaration of assets as prescribed;

c) Being within the age limit for appointment as prescribed;

d) Having sufficient health to fulfill assigned tasks and responsibilities;

đ) Not falling under any cases prohibited from holding positions as stipulated by law.

2. The term of each appointment is five years, except in cases implemented according to the specialized laws and regulations of the competent authority.

Article 41. Reappointment of civil servants to leadership and management positions

1. The civil service management agency must carry out reappointment or non-reappointment for civil servants holding leadership and management positions upon expiration of their appointment term as provided for in Clause 2, Article 40 of this Decree.

2. Criteria and conditions for reappointing civil servants to leadership and management positions:

a) Fulfilling tasks during the period of holding leadership and management positions;

b) Meeting the criteria for the leadership and management civil servant position at the time of considering reappointment;

c) Having sufficient health to fulfill assigned tasks and responsibilities;

d) Not falling under any cases prohibited from holding positions as stipulated by law.

3. Time for considering reappointment:

a) At least ninety days before the end of the appointment term, the civil service management agency must conduct the reappointment process to decide or submit to the competent authority for consideration and decision on reappointment or non-reappointment of leadership and management civil servants;

b) The decision on reappointment of civil servants holding leadership and management positions must be issued at least one working day prior to the end of the appointment term.

4. For leadership and management civil servants whose remaining working period until retirement age is less than five years when they are reappointed upon expiration of the appointment term, the appointment term will be calculated up to the retirement age as prescribed. In cases where the remaining working period until retirement age is less than two years, the civil service management agency shall consider, if meeting the criteria and conditions, deciding to extend the period of holding leadership and management positions until the retirement age. The decision on extending the period of holding leadership and management positions must be issued at least one working day prior to the end of the appointment term.

5. When the appointment term expires and the civil servant does not meet the criteria and conditions for reappointment, the competent authority shall arrange and assign other work.

Article 42. Resignation and removal of civil servants

1. Resignation by civil servants shall be carried out in the following cases:

a) Civil servants voluntarily and proactively request resignation to transfer leadership and management positions;

b) Civil servants recognize that they lack the health, capacity, and reputation to fulfill assigned responsibilities;

c) Civil servants recognize errors or shortcomings of their own agencies, organizations, units, or subordinates related to their responsibility;

d) Civil servants wish to resign for other personal reasons.

2. Removal of civil servants shall be carried out in the following cases:

a) Being transferred, rotated, arranged, or assigned other work by the competent authority without concurrently holding the previous position;

b) Lacking the health to continue leading and managing;

c) Failing to fulfill tasks or violating Party discipline or State law but not reaching the level of disciplinary action involving dismissal;

d) Lacking the capacity and reputation to work;

đ) Violating the internal political protection regulations of the competent authority.

3. Civil servants who have not been decided by the competent authority to resign or be removed must continue to perform their assigned tasks and responsibilities. After ceasing to hold leadership and management positions due to resignation or removal, civil servants shall be assigned other work suitable to the requirements of the agency, organization, unit, and the qualifications and capacity of the civil servant by the head of the agency using the civil servant.

Article 43. Authority, Procedure, and Formalities for Appointment, Reappointment, Resignation, and Removal of Civil Servants

1. The head of the agency, organization, or unit assigned to manage civil servants shall decide on the appointment, reappointment, resignation, or removal of civil servants.

2. The procedure and formalities for the appointment, reappointment, resignation, and removal of civil servants shall be carried out in accordance with the provisions of the law and the competent authority managing civil servants.

Article 44. Treatment and Policy for Civil Servants Who Resign or Are Removed

1. Civil servants holding leadership or management positions who resign according to points a and b, Clause 1, Article 42 of this Decree shall retain their current position allowances until the end of their term of office as stipulated. In cases where the remaining term of office is less than six months, they shall retain their current position allowances for six months from the date of the resignation decision.

2. Civil servants holding leadership or management positions who resign according to points c and d, Clause 1, Article 42 of this Decree shall retain their current position allowances for six months from the date of the resignation decision.

3. Civil servants holding leadership or management positions who are removed due to insufficient health to continue leading or managing according to point b, Clause 2, Article 42 of this Decree shall retain their current position allowances for six months from the date of the removal decision.

4. Civil servants holding leadership or management positions who are removed according to points c, d, and đ, Clause 2, Article 42 of this Decree shall cease receiving position allowances from the date of the removal decision.

MỤC 5

PROCEDURE AND FORMALITIES FOR ASSESSING CIVIL SERVANTS

Article 45. Procedure and Formalities for Annual Assessment of Civil Servants

1. For civil servants who are heads of agencies, organizations, or units:

a) Civil servants self-assess the results of their work based on assigned tasks and comment on their strengths and weaknesses in their work;

b) The collective of civil servants at the employing agency participates in providing feedback. Feedback opinions are recorded in minutes and approved at the meeting;

c) The head of the employing agency or the directly supervising superior organization evaluates and decides on the classification of the civil servant and informs the civil servant after referring to the minutes of the feedback provided by the collective where the civil servant leads or manages.

2. For deputy heads of agencies and civil servants not holding leadership or management positions (hereinafter referred to collectively as civil servants):

a) Civil servants self-assess the results of their work based on assigned tasks;

b) The head of the employing agency comments on the self-assessment results of the civil servant, evaluates the strengths and weaknesses of the civil servant in their work;

c) The collective of civil servants at the employing agency participates in providing feedback. Feedback opinions are recorded in minutes and approved at the meeting;

d) The head of the employing agency concludes and decides on the classification of the civil servant at the annual assessment meeting.

Article 46. Procedure and Formalities for Assessing Civil Servants Before Appointment, Reappointment, Planning, Transfer, Training, and Development, Upon Completion of Rotation or Detachment Period

The assessment of civil servants before appointment, reappointment, planning, transfer, training, development, upon completion of rotation or detachment period shall be conducted by the head of the employing agency, organization, or unit according to the procedures and formalities of the civil servant's appointment, reappointment, planning, transfer, rotation, and detachment.

Chapter IV

MANAGEMENT OF CIVIL SERVANTS

Article 47. Contents of Civil Servant Management

1. Issuing legal normative documents on civil servants.

2. Developing plans and forecasts for civil servants.

3. Specifying job grades, positions, and codes for civil servants; describing and specifying job positions and organizational structures of civil servants.

4. Determining the number and managing the establishment quota of civil servants.

5. Organizing the implementation of recruitment and utilization of civil servants.

6. Organizing the implementation of training and development systems for civil servants.

7. Organizing the implementation of salary systems and other incentive policies for civil servants.

8. Organizing the implementation of reward and disciplinary measures for civil servants.

9. Implementing termination and retirement systems for civil servants.

10. Implementing reporting, statistics, and file management systems for civil servants.

11. Conducting inspections and checks on the enforcement of laws concerning civil servants.

12. Directing and organizing the resolution of complaints and denunciations regarding civil servants.

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

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

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

2. Drafting proposals for the Government and the Prime Minister to establish strategies, plans, forecasts, programs for developing the civil servant workforce; division of labor and hierarchical management of civil servants and their establishment quotas; methods for determining job positions and organizational structures of civil servants; strategies and plans for training and development of the civil servant workforce; salary systems and other incentive policies for civil servants; policies for talented individuals; position standards and selection criteria for civil servants holding leadership and managerial positions in administrative agencies; appointment, reappointment, transfer, rotation, special assignment, resignation, removal, reward, discipline, termination, and retirement of civil servants.

3. Specifying job grades and grade codes for civil servants; issuing and guiding, inspecting the implementation of position titles and standards for job grades of civil servants; organizational structures of job grades, examination regulations for recruitment and promotion of civil servants, examination regulations for promotion of civil servants, internal rules for examinations and promotions of civil servants, evaluation regulations for civil servants; training programs according to job grade standards, training and development programs according to leadership and managerial position standards.

4. Establishing regulations on file creation and management; civil servant identification numbers; agency codes of state administrative agencies; identity cards and wearing regulations for civil servants; uniforms for civil servants.

5. Managing the quantity, quality, and organizational structure of job grades of civil servants and the number of job positions.

6. Leading the organization of civil servant grade promotion examinations from the specialist grade and equivalent up to the senior specialist grade and equivalent, from the senior specialist grade and equivalent up to the senior specialist plus grade and equivalent within state agencies and state-affiliated organizations; leading and coordinating with ministries and ministerial-level agencies managing sectors and fields to build banks of examination questions for civil servant grade promotion; supervising and inspecting the organization of civil servant grade promotion examinations from the staff grade up to the officer grade and equivalent, from the staff and officer grades and equivalent up to the specialist grade and equivalent of civil servant management agencies; appointing, grading, and advancing pay grades ahead of schedule for the senior specialist plus grade and equivalent.

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

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

9. Conducting inspections and checks on the enforcement of laws concerning civil servants.

10. Resolving complaints and denunciations regarding civil servants according to hierarchical levels and as stipulated by laws on complaints and denunciations.

Article 49. Tasks and Authorities of Ministries, Ministerial-Level Agencies, and Government Agencies

1. Manage the quantity, standards, recruitment, and utilization of civil servants within their assigned scope of management; regularly increase salary grades and seniority allowances exceeding the framework for senior specialist grade civil servants and equivalent; appoint grades, rank salaries, and seniority allowances exceeding the framework for main specialist grade civil servants and equivalent.

2. Organize recruitment and assign, delegate recruitment, utilization, and training for civil servants under their authority to manage.

3. Manage job positions and civil servant staffing according to delegation and according to legal regulations.

4. Decide on examination and selection content after receiving the appraisal opinion from the Ministry of Home Affairs; manage specialized knowledge and skill enhancement programs within their sector.

5. Lead and coordinate with the Ministry of Home Affairs and related agencies to establish systems and policies for civil servants in special sectors to be submitted to the Government and the Prime Minister.

6. Lead and coordinate with the Ministry of Home Affairs to establish professional standards for civil servant grades within their sector for the Ministry of Home Affairs to unify issuance; coordinate with the Ministry of Home Affairs to organize examinations to promote grades for civil servant grades within their sector.

7. Lead and coordinate with the Ministry of Home Affairs to organize examinations to promote civil servant grades from staff to officer and equivalent; from staff, officer and equivalent to specialist and equivalent for civil servants within their scope of management.

8. Implement salary systems and other incentive policies for civil servants under their authority to manage.

9. Carry out commendation and disciplinary work for civil servants or propose competent authorities to commend and discipline according to regulations.

10. Conduct statistics and report statistics on civil servants according to regulations.

11. Guide, inspect, and supervise the implementation of legal provisions for civil servants within their scope of management.

12. Resolve complaints and denunciations according to delegated levels and according to legal regulations on complaints and denunciations.

Article 50. Tasks and Authorities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Manage the quantity, standards, recruitment, and utilization of civil servants within their assigned scope of management; regularly increase salary grades and seniority allowances exceeding the framework for senior specialist grade civil servants and equivalent; appoint grades, rank salaries, and seniority allowances exceeding the framework for main specialist grade civil servants and equivalent.

2. Organize recruitment and assign, delegate recruitment, utilization, training, and enhancement for civil servants under their authority to manage.

3. Manage job positions and civil servant staffing according to delegation and according to legal regulations.

4. Lead and coordinate with the Ministry of Home Affairs to organize examinations to promote civil servant grades from staff to officer and equivalent; from staff, officer and equivalent to specialist and equivalent for civil servants within their scope of management.

5. Implement salary systems and other incentive policies for civil servants under their authority to manage.

6. Carry out commendation and disciplinary work for civil servants according to their authority or propose competent authorities to commend and discipline according to regulations.

7. Conduct statistics and report statistics on civil servants according to regulations.

8. Inspect and supervise the implementation of legal provisions for civil servants within their scope of management.

9. Resolve complaints and denunciations according to delegated levels and according to legal regulations on complaints and denunciations.

Article 51. Tasks and Authorities of the Agency Using Civil Servants

1. Implement state systems and policies for civil servants.

2. Assigning tasks and inspecting the implementation of tasks by civil servants.

3. Implementing the recruitment of civil servants according to the division of authority; proposing to the civil servant management agency for evaluation, appointment, reappointment, resignation, dismissal, promotion, transfer, rotation, secondment, training, and further education of civil servants as prescribed.

4. Evaluating civil servants as prescribed.

5. Implementing rewards and disciplinary measures for civil servants within the authorized scope or proposing to the competent authority to reward or discipline civil servants as prescribed.

6. Implementing the establishment and retention of personal files of civil servants under its jurisdiction as prescribed.

7. Statistics and reporting to the higher-level civil servant management agency on the situation of the civil servant workforce under its jurisdiction as prescribed.

8. Handling complaints and denunciations as prescribed.

Article 52. Reporting System for Civil Servant Management Work

1. The civil servant management agency shall implement reports on civil servant management work as stipulated in Article 68 of the Civil Servant Law.

2. The Ministry of Home Affairs shall specify and organize the implementation of the reporting system for civil servant management work.

Chapter V

IMPLEMENTING PROVISIONS

Article 53. Application of the Decree to Other Subjects

Recruitment, use, and management of persons recruited and appointed according to the staffing quota working in political-social-professional organizations, social organizations, and social-professional organizations shall be governed by the provisions of this Decree.

Article 54. Effective Date

1. This Decree takes effect from May 1, 2010.

2. The following consolidated documents are abolished:

a) Decree No. 115/2003/ND-CP dated October 10, 2003 of the Government on the civil servant reserve system and Decree No. 08/2007/ND-CP dated January 15, 2007 of the Government amending and supplementing certain articles of Decree No. 115/2003/ND-CP.

b) Decree No. 117/2003/ND-CP dated October 10, 2003 of the Government on the recruitment, use, and management of officials and civil servants in state agencies and Decree No. 09/2007/ND-CP dated January 15, 2007 of the Government amending and supplementing certain articles of Decree No. 117/2003/ND-CP.

Article 55. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.