Decision No. 2439/2007/QĐ-TTCP On Issuing the Regulation on Receiving and Recruiting Civil Servants and Employees at the Government Inspectorate

Pursuant to …;

Regarding the issuance of regulations on the acceptance and recruitment of civil servants and officials of the Government Inspectorate

GENERAL INSPECTOR

Pursuant to the Inspection Law dated June 15, 2004;

Pursuant to the Government Decree No. 117/2003/NĐ-CP dated October 10, 2003 on the recruitment, utilization, and management of cadres and civil servants in state agencies; Decree No. 09/2007/NĐ-CP dated January 15, 2007 amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP;

Pursuant to the Government Decree No. 116/2003/NĐ-CP dated October 10, 2003 on the recruitment, utilization, and management of cadres and civil servants in state-owned units; Decree No. 121/2006/NĐ-CP dated October 23, 2006 amending and supplementing certain articles of Decree No. 116/2003/NĐ-CP;

Pursuant to the Government Decree No. 115/2003/NĐ-CP dated October 10, 2003 on the reserve cadre system; Decree No. 08/2007/NĐ-CP dated January 15, 2007 amending and supplementing certain articles of Decree No. 115/2003/NĐ-CP;

Considering the proposal of the Director of the Cadre and Civil Service Department,

DECISION:

Article 1. Issued together with this Decision is the "Regulation on the Acceptance and Recruitment of Civil Servants and Officials of the Government Inspectorate".

Article 2. This Regulation shall take effect from the date of issuance and replace the corresponding provisions in the Regulations issued together with Decision No. 1313/QĐ-TTNN dated December 31, 2002 of the State Inspector General.

The Heads of Departments and Heads of Units under the Government Inspectorate are responsible for organizing the implementation of this Regulation./.

REGULATIONS

Acceptance and Recruitment of Civil Servants and Officials of the Government Inspectorate

(Issued together with Decision No.: 2439/2007/QĐ-TTCP dated November 13, 2007 of the State Inspector General)

PART I
GENERAL PROVISIONS

Article 1. Scope of Application

1. This Regulation stipulates the procedures for accepting and recruiting civil servants and officials (referred to collectively as cadres) to work in departments and units under the Government Inspectorate.

2. The provisions on acceptance and recruitment in this Regulation shall not apply to persons engaged in the following jobs: driving, security, cleaning; maintenance and repair of electrical systems, water supply, and drainage as provided for in Government Decree No. 68/2000/NĐ-CP dated November 17, 2000, implementing the labor contract system with salary paid from the state budget for these positions.

Article 2. Definitions

1. “Acceptance"is the process of recruiting individuals who are currently working in Party and state agencies into the staffing quota of state agencies or state-owned units through transfer or rotation."

2. “Recruitment"is the process of recruiting individuals into the staffing quota of state agencies or state-owned units through examination or selection."

Article 3. Principles of Acceptance and Recruitment of Civil Servants and Officials

1. To select cadres with professional qualifications, good political and moral qualities, sufficient health, and capabilities to meet the requirements of inspection work, handling complaints and appeals, and preventing corruption.

2. Such selection must be based on job needs, position requirements, staffing quotas, and the standards of the civil servant or official positions to be accepted or recruited.

3. The acceptance and recruitment process must be conducted carefully, strictly, seriously, and ensure accurate assessment of the capabilities and qualities of the civil servants and officials being accepted or recruited.

4. To ensure transparency and fairness in assessing the capabilities and qualifications of cadres, thereby selecting those meeting the required standards and conditions.

5. Not to accept or recruit individuals who are subjects of ongoing investigations or complaints being handled by competent authorities; those currently serving disciplinary sanctions imposed by the Party or government.

6. To prioritize the acceptance and recruitment of cadres with experience working in the national inspection system and Party inspection bodies.

Chapter II
ACCEPTANCE OF CADRES

Article 4. Recipients and Conditions for Acceptance

1. Persons accepted to work at units under the Government Inspectorate must be cadres, civil servants, or public officials (collectively referred to as cadres) currently working in agencies or units of the Party and State that fall within the scope of acceptance (without having to pass examinations or selection processes) as prescribed by the Government and guided by the Ministry of Home Affairs.

2. The person accepted must meet the standards set forth in Article 5 of this Regulation and must undergo capability and expertise testing.

Article 5. General Standards for Consideration of Acceptance

1. Political and Moral Conduct:

a- A member of the Communist Party of Vietnam;

b- Firmly grounded in political stance and ideology based on Marxism-Leninism and Ho Chi Minh Thought;

c- Absolutely loyal to the revolutionary cause of the Party and the nation;

d- Trusting in the renewal process of the Party, resolute in the goal of the socialist path;

đ- Clear personal and family history without violating Decision No. 57-QD/TW dated May 3, 2007 of the Politburo on protecting internal political security within the Party; good moral character and conduct.

2. Education and Competence:

a- Graduated from university or postgraduate studies in a relevant field (priority given to those who graduated with distinction);

b- Hold a mid-level or higher theoretical political education degree;

c- Possess a minimum level B proficiency in foreign languages;

d- Proficient in using computers.

3. Age and Health:

a- Under 45 years old for males, under 40 years old for females. In cases where age exceeds these limits, approval must be obtained from the leadership of the Government Inspectorate.

b- Adequate health to ensure stable and long-term work; appropriate physical appearance suitable for inspection, complaint resolution, and anti-corruption work (no disabilities or deformities...).

Article 6. Documents for Requesting Transfer of Work Assignment Include:

1. Application for transfer of work assignment;

2. Brief resume confirmed by the current workplace according to Model 2c/TCTW of the Central Organization Department;

3. Copies of diplomas and certificates (certified);

4. Certificate of health fitness (issued and confirmed by a competent health authority at district or county level and above, valid during the period of requesting transfer of work assignment);

5. Copy of birth certificate;

6. Other documents (if any).

Article 7. Procedure for Accepting Cadres

1. Accepting cadres to work at administrative units:

a- Annually, based on assigned tasks, staffing quotas, and needs, departments and units propose requirements for additional cadre recruitment, specifying the number needed, educational background, gender structure..., reported to the Chief Inspector (through the Cadre and Personnel Department).

b- The Cadre and Personnel Department compiles the cadre needs of departments and units; accepts and reviews the files of individuals wishing to transfer to a suitable agency, reports to the Chief Inspector for examination and assessment.

c- If the cadre passes the examination and assessment, the Cadre and Personnel Department conducts verification and investigation of the cadre's background; subsequently, summarizes and reports to the Party Cadre Affairs Committee for consideration and decision.

d- Upon instruction from the Chief Inspector, the Cadre and Personnel Department issues a document accepting the cadre and sends it to the management unit of the cadre wishing to transfer to the Government Inspectorate. After receiving the decision on the transfer of the cadre to the Government Inspectorate, the Cadre and Personnel Department submits to the Chief Inspector or the Deputy Chief Inspector authorized to sign the Decision accepting the cadre.

2. Accepting cadres to work at public service units:

a- Annually, based on assigned tasks, staffing quotas or approvals, financial capacity of each public service unit, proposes the needs of specialized departments under the unit; the organizational and personnel department of the accepting unit reviews the files of individuals wishing to transfer to a suitable position, reports to the head of the public service unit for examination and assessment.

b- If the cadre passes the examination and assessment, the head of the public service unit directly or assigns staff to cooperate with the Cadre and Personnel Department to conduct verification and investigation.

c- The leadership team of the public service unit discusses and agrees on the policy of accepting the cadre; then, the head of the public service unit summarizes and reports to the Chief Inspector (through the Cadre and Personnel Department) for consideration and guidance.

d- The Cadre and Personnel Department informs the head of the public service unit of the Chief Inspector's guidance on accepting the cadre through a written notification to proceed with the formalities for accepting the cadre.

Article 8. Examination and Assessment of Competence and Professional Qualifications for Civil Servants Requesting to Transfer to the Government Inspectorate

1. Examination Board:

a. The General Inspector shall decide to establish the Examination Board for civil servants wishing to transfer to administrative units, with one Deputy General Inspector serving as Chairman of the Board, and representatives from departments and units requiring additional staff participating as members of the Board.

b. The head of a public service unit shall decide to establish the Examination Board for civil servants wishing to transfer to public service units, with one leader of the public service unit serving as Chairman of the Board.

2. Content and Form of Examination and Assessment:

- The examination and assessment must be based on guidelines from the Ministry of Home Affairs, the standards of the civil servant position, and the requirements of the job to be conducted appropriately.

Chapter III
RECRUITMENT OF CIVIL SERVANTS AND PUBLIC SERVICE STAFF

Article 9. Eligible Candidates for Recruitment

Those who do not meet the conditions for transfer and acceptance as prescribed and are not within the scope of contractual employment under Decree No. 68/2000/NĐ-CP dated November 17, 2000, if they wish to work at the Government Inspectorate, must go through the recruitment process.

Article 10. Forms of Recruitment

1. Recruitment of civil servants to work in administrative units must be conducted through competitive examinations. The examination for civil servants is divided into two categories of candidates: those who, upon successful selection, do not have to undergo the probationary period for civil servants (as stipulated in Article 11 of this Regulation) and those who, upon successful selection, must undergo the probationary period for civil servants.

2. Recruitment of public service staff to work in public service units is carried out through competitive examinations or selection processes.

Article 11. Cases of Competitive Examinations for Administrative Units Where Successful Candidates Do Not Have to Undergo the Probationary Period for Civil Servants

In the following cases, individuals who have continuously worked in state agencies, organizations, and units for three years (at least 36 months) will not have to undergo the probationary period for civil servants upon successful selection, specifically:

1. Public service staff currently working in public service units.

2. Public service staff currently engaged in management and leadership positions at or above the department level in state-owned enterprises.

3. Cadres and civil servants at commune level.

4. Officers and professional military personnel in the Vietnam People's Army and the Vietnam People's Public Security Force.

Article 12. Standards and Conditions for Recruitment

Individuals eligible to be recruited to work at the Government Inspectorate must meet the following conditions:

1. Be a Vietnamese citizen with a permanent residence address in Vietnam;

2. Age between eighteen (18) and forty (40) years old at the time of application;

3. Firm political stance and ideological foundation based on Marxism-Leninism and Ho Chi Minh Thought;

4. Absolutely loyal to the revolutionary cause of the Party and the nation;

5. A member of the Communist Party of Vietnam or a member of the Ho Chi Minh Communist Youth Union;

6. Clear personal and family history; good moral character and lifestyle, not currently under criminal investigation, serving a prison sentence, undergoing non-custodial rehabilitation, being under community surveillance, or subject to educational measures at the commune, ward, or town level, or placed in a medical facility or educational institution;

7. Political background and family history that do not violate Regulation No. 57-QĐ/TW dated May 3, 2007 of the Politburo on internal political security protection;

8. Good health to ensure stable and long-term work; appropriate physical appearance suitable for inspection, complaint resolution, and anti-corruption work (without disabilities, deformities, etc.);

9. Graduated from a university (or higher) in a relevant field; possess a computer proficiency certificate and a general foreign language certificate at level B;

10. Submit a recruitment application file for civil servants and public service staff according to the provisions of Article 13 of this Regulation.

Article 13. The application dossier for recruitment includes:

1. An application form for recruitment according to the model prescribed by the Recruitment Board;

2. A certified copy of the Birth Certificate;

3. Certified copies of all types of diplomas and certificates as prescribed; upon successful recruitment, the original must be presented for verification; a statement of strengths and weaknesses, academic results, and related documents;

4. A detailed curriculum vitae (with attached photograph) according to the prescribed model, confirmed by the People's Committee of the commune, ward, town where the applicant resides or by the current employer;

5. A health certificate issued by a competent health authority at the district or county level or higher, confirmed at the time of application;

6. If the applicant belongs to a category eligible for preferential points, they must provide a confirmation document from the competent authority to be submitted with the application dossier;

7. Two envelopes with stamps, bearing the name and address of the applicant, and two photographs measuring 4x6 cm;

Each applicant’s application dossier shall be placed in a file folder, with the cover of the folder clearly stating the name, contact address, and list of documents;

Article 14. The content of the recruitment examination or selection, subjects, examination format, and preferential point addition during recruitment shall be decided by the Recruitment Board in accordance with the Government's regulations and the guidance of the Ministry of Home Affairs, ensuring compliance with the job title standards required and accurately assessing the professional capabilities of the applicants;

Article 15The Recruitment Board

1. Recruitment Board for civil servants in the administrative sector:

The General Inspector decides to establish the Recruitment Board to organize examinations for civil servants and probationary civil servants as prescribed. The Recruitment Board consists of five or seven members:

- The Chairman of the Board is a Deputy General Inspector;

- The Vice-Chairman of the Board is the Director of the Cadre and Organization Department;

- The Board members are leaders of various Departments and units under the Government Inspectorate;

- The Secretary of the Board兼任委员会秘书，由组织干部部门负责招聘工作的干部担任。

2. Recruitment Board for public service personnel:

Each public institution establishes one separate Recruitment Board, decided by the head of the public institution to organize examinations or selections for public service personnel as prescribed. The Recruitment Board consists of five or seven members including:

- The Chairman of the Board is the head or deputy head of the public institution;

- The Board members are representatives of the heads of specialized departments of the institution (including one member who also serves as the Secretary of the Board, being an officer responsible for organizational cadre work within the institution) or specialized positions of the public institution.

3. The Recruitment Board may establish working groups: Examination Question Preparation Group, Examination Supervision Group, Examination Marking Group, and Sealing Group.

4. Individuals with familial relationships (father, mother, spouse, children, full siblings) to those applying for recruitment shall not be appointed to serve on the Recruitment Board or its supporting groups.

Article 16. Preliminary Selection

1. In cases where the number of applicants exceeds the recruitment quota significantly, the Recruitment Board may organize preliminary selection.

2. The format and content of preliminary selection shall be determined by the Recruitment Board.

Article 17. Duties and Authorities of the Recruitment Board

The Recruitment Board operates based on collective decision-making and majority voting, with the following duties and authorities:

1. To develop plans for organizing recruitment examinations or selections (if applicable);

2. To publicly announce through mass media: recruitment plans; eligibility criteria and conditions for application; examination subjects, formats, and contents; examination rules; examination times, locations, and application fees as prescribed;

3. To receive and review application dossiers; organize preliminary selection (if applicable); publicly announce the list of qualified applicants; send notification letters to applicants to participate in the examination;

4. To establish Examination Question Preparation Groups, Examination Supervision Groups, Examination Marking Groups, and Sealing Groups. Those who have participated in the Examination Supervision Group and Sealing Group shall not be involved in marking;

5. To organize the collection of application fees and expenditures as prescribed;

6. To organize recruitment examinations or selections;

7. To direct and organize marking in accordance with regulations;

8. The Recruitment Board for civil servants reports the recruitment results to the General Inspector for review and issuance of a decision recognizing the results; announces the recruitment results. The Recruitment Board for public service personnel reports the recruitment results to the head of the public institution for reporting to the General Inspector (through the Cadre and Organization Department) for review and approval; subsequently, the head of the public institution issues a decision recognizing the recruitment results; announces the recruitment results;

9. To handle complaints and accusations from applicants;

10. During the recruitment process: The Recruitment Board for civil servants may use the seal of the Government Inspectorate, while the Recruitment Board for public service personnel uses the seal of their respective public institution.

Article 18. Responsibilities of Successful Candidates

1. In the case of civil service recruitment through examination:

- Within the latest period of 30 days from the date of the recruitment decision, the recruited person must report to the agency for duty; if they fail to report within this period without a valid reason, the recruitment decision will be revoked.

- The successful candidate who becomes a probationary civil servant must comply with the probationary civil servant regulations as prescribed.

- At the end of the probationary period, a report on the implementation of the probationary civil servant regime, along with comments from the unit leader, must be submitted to the General Inspectorate (through the Cadre and Civil Servant Affairs Department) for review and decision.

2. In the case of recruitment or selection for staff positions in public institutions:

- Within the latest period of 30 days from the date of announcing the recruitment results, the successful candidate must report to the public institution to sign the initial employment contract; if they fail to report within this period without a valid reason, the recruiting agency will revoke the recruitment result.

- Staff members who start working in public institutions must comply with the trial work regulations corresponding to the duration of the initial employment contract.

- At the end of the trial period, the staff member must submit a report on the completion of the internship and trial work, along with comments from the head of the direct using department, to the head of the public institution for review and decision.

Article 19. Responsibilities of Heads of Departments and Units under the Government Inspectorate

1. Cadre and Civil Servant Affairs Department:

- The Cadre and Civil Servant Affairs Department acts as the standing body assisting the Recruitment Council in implementing recruitment tasks and guiding, inspecting, and supervising public institutions in carrying out recruitment tasks.

- The Cadre and Civil Servant Affairs Department works with management agencies or People's Committees of communes, wards, towns where candidates reside, to verify and investigate personal and family background files of civil servants.

- Compile verification and investigation results, examination results, implementation results of the probationary civil servant regime; candidate files and certificates; propose to the General Inspectorate for consideration and decision on formal recruitment and appointment of officers to civil servant ranks.

- Annually, the Cadre and Civil Servant Affairs Department, together with units directly managing newly recruited officers and civil servants, provide written evaluations on their performance, self-improvement awareness, and potential; report to the General Inspectorate.

2. Units receiving officers:

- Assign tasks and appoint officers to guide newly recruited civil servants and create conditions for them to fulfill their responsibilities.

- Provide written evaluations on the political qualities, morals, lifestyle, capabilities, and work results of probationary civil servants; report to the General Inspectorate.

3. Public Institutions:

- Coordinate with the Cadre and Civil Servant Affairs Department to work with management agencies or People's Committees of communes, wards, towns where candidates reside, to verify and investigate personal and family background files of staff members.

- Decide on recruitment and appointment of officers to staff ranks, sign employment contracts with successful staff candidates according to regulations.

Chapter IV
IMPLEMENTATION

Article 20. Responsibility for Implementation

1. Within their scope of responsibility and authority, heads of departments and units shall proactively organize the implementation of this Regulation.

2. The Cadre and Civil Servant Affairs Department shall be responsible for guiding, urging, inspecting, and supervising departments and units in implementing this Regulation. During the implementation process, if there are unclear points or difficulties, departments and units shall reflect these issues to the Cadre and Civil Servant Affairs Department for reporting to the General Inspectorate for consideration and resolution./.