Decree No. 29/2012/NĐ-CP on Recruitment, Utilization, and Management of Civil Servants

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Decree stipulates the recruitment, assignment, allocation, change, and promotion of occupational titles; training and development; temporary assignment, appointment, and removal; evaluation; resignation, retirement, and management authority over civil servants in public service units.

Article 2. Interpretation of Terms

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

1. “Probationary periodrefers to the regulations related to the process whereby the recruited person becomes familiar with the working environment and practices the tasks associated with the position linked to the occupational title specified in the employment contract.

2. “Change of occupational titlerefers to the act of appointing a civil servant to another occupational title suitable for their specialization and job requirements at the current position.

3. “Occupational title graderefers to the level indicating the professional qualifications and expertise of a civil servant within each field or sector.

4. “Promotion of occupational title graderefers to the act of appointing a civil servant to hold an occupational title at a higher grade within the same field or sector.

Article 3. Classification of Civil Servants

1. Based on job positions, civil servants are classified as follows:

a) Management civil servants include those persons specified in Clause 1, Article 3 of the Civil Servant Law;

b) Non-management civil servants include those who only perform specialized tasks according to their occupational titles in public service units.

2. Based on occupational titles, civil servants are classified within each professional field with levels from high to low as follows:

a) Civil servants holding occupational titles at Grade I;

b) Civil servants holding occupational titles at Grade II;

c) Civil servants holding occupational titles at Grade III;

d) Civil servants holding occupational titles at Grade IV.

Chapter 2.

RECRUITMENT OF CIVIL SERVANTS

SECTION 1. CONDITIONS AND AUTHORITY FOR RECRUITMENT

Article 4. Conditions for Registering to Apply for Recruitment as a Civil Servant

1. The applicant must meet the standards regarding moral character, professional qualifications, and capabilities required by the job position and occupational title, and satisfy all conditions for registration set forth in Article 22 of the Civil Servant Law.

2. Public service units may supplement additional conditions based on job position requirements specified in Point g, Clause 1, Article 22 of the Civil Servant Law, provided that these provisions do not conflict with the law and must be approved by the competent authority managing the public service unit before implementation.

Article 5. Authority for Recruitment of Civil Servants

1. For public service units granted autonomy as specified in Point a, Clause 2, Article 9 of the Civil Servant Law, the head of the public service unit shall organize the recruitment of civil servants; decide on recruitment through competitive examination or selection.

2. For public service units not yet granted autonomy as specified in Point b, Clause 2, Article 9 of the Civil Servant Law, the competent authority responsible for appointing and removing the heads of public service units shall organize the recruitment or delegate the organization of recruitment to the public service units under its management; decide or authorize the decision on recruitment through competitive examination or selection.

3. For government-affiliated organizations, the heads of these organizations shall organize or delegate the organization of recruitment of civil servants; decide on recruitment through competitive examination or selection.

4. Annually, public service units shall develop plans for recruiting civil servants to submit to the competent authority for approval or decide according to their authority to implement.

5. The Ministry of Home Affairs shall issue internal regulations and rules for competitive examinations and selections for civil servants.

Article 6. Recruitment Council for Civil Servants

1. In cases where a public service unit is granted the authority to recruit civil servants, the Recruitment Council for Civil Servants shall consist of five or seven members, including:

a) The Chairman of the Board is the head or deputy head of the public service unit;

b) The Deputy Chairperson of the Council is the person responsible for organizational and personnel work at the public service unit;

c) The Council member兼任秘书的委员是负责事业单位组织和人事工作的职员；

d) Other members are those with expertise and vocational skills related to the recruitment position.

2. In cases where a public service unit has not been granted the authority to recruit civil servants, the Recruitment Council for Civil Servants shall consist of five or seven members, including:

a) The Chairman of the Board is appointed by the head of the agency with the authority to recruit civil servants;

b) The Deputy Chairperson of the Council is the head or deputy head of the public service unit;

c) The Council member兼任秘书的委员是代表有权招聘职员的机关从事组织和人事工作的人员；

d) Other members are those with expertise and vocational skills related to the recruitment position.

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

a) Establish working committees including: Examination Committee, Supervision Committee, Marking Committee, Re-examination Committee, Inspection Committee, and Review Committee;

b) Organize application fees and use them according to the provisions of the law;

c) Organize examinations and marking or inspection and assessment;

d) Resolve complaints and denunciations during the examination and recruitment process according to the provisions of the law.

Section 2. Recruitment Examinations for Civil Servants

Article 7. Content and Form of Examinations

1. Candidates for civil servant recruitment must complete the following examination papers: General knowledge examination and specialized professional knowledge examination. Computer office skills and foreign language examinations for candidates for civil servant recruitment shall be conducted according to occupational standards and job requirements.

2. General knowledge examination: Written examination on civil servant laws; policies and guidelines of the Party and State laws and basic understanding of the industry or field of recruitment.

3. Specialized professional knowledge examination: Conducted through written or multiple-choice tests and practical examinations. The head of the agency with the authority to recruit civil servants decides the form and content of the examination suitable for the job requirements.

If the job requires specialized professional knowledge in foreign languages or information technology, candidates do not need to take the foreign language or computer office skills examination specified in Clause 4 and Clause 5 of this Article.

4. Foreign language examination: One of the five languages - English, Russian, French, German, Chinese, or another language according to occupational standards suitable for job requirements.

If the job requires the use of ethnic minority languages, the foreign language examination can be replaced by an ethnic minority language examination. The head of the agency with the authority to recruit civil servants decides the form and content of the ethnic minority language examination.

5. Computer office skills examination: Practical examination on computers or multiple-choice test according to occupational standards suitable for job requirements.

6. Based on specific capabilities and conditions, the agency, organization, or unit with the authority to recruit civil servants decides whether to conduct paper-based or computer-based examinations.

Article 8. Conditions for Exemption from Certain Subjects

The applicant for recruitment shall be exempted from the foreign language or computer science subjects in the following cases:

1. Exemption from the foreign language subject if the vocational specialty subject is not a foreign language and satisfies one of the following conditions:

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

b) Having a bachelor's or postgraduate degree obtained abroad or at a domestic training institution using a foreign language.

2. Exemption from the office computer science subject if the applicant has a diploma from a specialized college in information technology or higher.

Article 9. Calculation of Scores

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

2. Points for examination papers are calculated as follows:

a) General knowledge examination: Calculated with a coefficient of 1;

b) Professional and vocational specialty examinations: Written or multiple-choice parts calculated with a coefficient of 1; practical parts calculated with a coefficient of 2.

3. The examination result is the total score of the general knowledge examination and the professional and vocational specialty examinations. In cases where the applicant takes the foreign language or ethnic minority language examination, or the office computer science examination, the results of these examinations are conditional scores and are not included in the total examination score, except when foreign languages and information technology are part of the professional and vocational specialty examinations.

Article 10. Determination of Successful Applicants in Recruitment Examinations

1. A successful applicant in the recruitment examination must participate in all examinations specified in Article 9 of this Decree, achieving a minimum of 50 points in each examination and being determined according to the principle: The successful applicant has a higher examination result, selected in descending order until the recruitment quota for each position is filled.

2. In cases where two or more applicants have the same examination result at the final recruitment quota, the applicant with a higher total score in the professional and vocational specialty examinations will be the successful applicant; if the total scores in the professional and vocational specialty examinations are equal, the head of the recruitment authority will decide the successful applicant based on the following priority order:

a) Hero of the Armed Forces, Labor Hero;

b) War Invalid;

c) Person enjoying benefits equivalent to war invalids;

d) Child of烈士子女；

đ) Child of war invalids；

e) Child of persons enjoying benefits equivalent to war invalids；

g) Ethnic minority person；

h) Volunteer Youth Corps member；

i) Knowledge volunteer participating in rural and mountainous area development for at least 24 months and having completed their tasks；

k) Person who has fulfilled military service obligations；

l) Female applicant；

3. If the successful applicant still cannot be determined according to the priority order stipulated in Clause 2 of this Article, the head of the recruitment authority will directly interview and determine the successful applicant.

4. Examination results will not be carried over for subsequent recruitment examinations.

SECTION 3. SELECTION OF CIVIL SERVANTS

Article 11. Content of Selection of Civil Servants

1. Assessment of academic performance including the academic scores and graduation scores of the applicant.

2. Evaluation through interviews or practical assessments of the applicant's professional and vocational capabilities.

Article 12. Calculation of Scores

1. Academic scores are determined by the average of the results of all courses taken during the entire study period of the applicant at the required level, major, and specialization for the applied position, converted to a scale of 100 points, with a coefficient of 1.

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

3. In cases where the applicant is trained under a credit system, the academic scores are simultaneously the graduation scores, converted to a scale of 100 points, with a coefficient of 2.

4. Interview or practical assessment scores are calculated on a scale of 100 points, with a coefficient of 2.

5. The selection result is the total score of the academic scores, graduation scores, and interview scores as specified in Clauses 1, 2, and 4 of this Article.

In cases where the applicant is trained under a credit system, the selection result is the total score calculated as specified in Clauses 3 and 4 of this Article.

Article 13. Determination of Successful Candidates in the Recruitment Examination Period

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

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

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

2. In cases where two or more candidates have the same recruitment examination results at the final recruitment quota, the candidate with a higher interview or practical assessment score will be the successful candidate; if the interview or practical assessment scores are the same, the head of the competent authority for recruiting civil servants shall decide on the successful candidate according to the priority order specified in Clause 2, Article 10 of this Decree.

3. If it is still not possible to determine the successful candidate according to the priority order specified in Clause 2 of this Article, the head of the competent authority for recruiting civil servants shall decide on the successful candidate.

4. Results of the recruitment examination shall not be carried over to subsequent recruitment examinations.

Article 14. Special Recruitment

1. Based on the registration conditions for the recruitment examination as stipulated in Article 4 of this Decree and the requirements of public service units, the head of the competent authority for recruiting civil servants shall consider and decide on special recruitment without following the procedures and formalities for recruiting civil servants prescribed in Articles 15, 16, and 17 of Section 4, Chapter this for the following cases:

a) People with work experience in the industry or field requiring recruitment for three years or more, who can immediately meet the requirements of the job position to be recruited;

b) Graduates with excellent bachelor's degrees, master's degrees, or doctorates from domestic and foreign universities, whose majors match the job positions to be recruited, except for cases where the job positions and occupational titles require master's or doctoral qualifications;

c) People with exceptional talent and aptitude suitable for job positions in cultural, artistic, sports, and traditional craft fields.

2. The Ministry of Home Affairs shall guide the procedures and formalities for special recruitment cases as prescribed in this Article.

SECTION 4. PROCEDURES AND FORMALITIES FOR RECRUITING CIVIL SERVANTS

Article 15. Announcement of Recruitment and Acceptance of Application Forms

1. Authorities and units with the authority to recruit civil servants must publicly announce on mass media, the electronic information page of the authority or unit (if available), and publicly post at their office premises regarding the standards, conditions, quantity needed, time limit, and location for accepting application forms of those registering for the recruitment.

2. The deadline for accepting application forms from those registering for recruitment must be at least 20 working days from the date of the public announcement on mass media.

3. At least 10 working days before organizing the examination or recruitment, the authority or unit with the authority to recruit civil servants must establish a list of people meeting the conditions for the recruitment examination to publicly post at their office premises and announce on the unit’s electronic page (if available).

Article 16. Organization of Civil Servant Recruitment

1. Based on the provisions of Articles 5 and 6 of this Decree, the head of the authority with the authority to recruit civil servants decides to establish a Recruitment Board to conduct the examination or recruitment.

2. The Recruitment Board for civil servants is established and assigns specific tasks to the assisting department to carry out the duties prescribed in Clause 3, Article 6 of this Decree.

3. Within the latest 20 working days from the end of the examination or recruitment organization, the Recruitment Board for civil servants must organize grading or compile the recruitment examination results and report to the head of the authority with the authority to recruit civil servants.

Article 17. Announcing Recruitment Results

1. Within ten working days from the date of receiving the examination or recruitment result report from the Recruitment Board, the head of the agency or unit with authority to recruit civil servants must publicly post the examination or recruitment results at the workplace premises and on the electronic information page of the agency or unit with authority to recruit civil servants (if available).

2. Within ten working days from the date of publicly posting the examination results, the applicant has the right to submit a request for a re-examination of the examination results. The head of the agency or unit with authority to recruit civil servants shall instruct the Recruitment Board to organize a re-examination within ten working days from the end date for submitting re-examination requests as stipulated in this Clause.

3. After implementing the provisions of Clause 1 and Clause 2 of this Article, the head of the agency or unit with authority to recruit civil servants shall approve the recruitment results and send a written notification recognizing the successful applicants to their registered addresses, the notification content must clearly state the time and place where the successful applicants should come to sign the employment contract.

SECTION 5. EMPLOYMENT CONTRACTS

Article 18. Contents Related to Employment Contracts

1. Recruitment of civil servants into public service units is carried out under an employment contract system, including fixed-term employment contracts and indefinite-term employment contracts as prescribed in Article 25 of the Civil Servant Law. The probation period is specified in the fixed-term employment contract.

2. The Ministry of Home Affairs prescribes the model of the employment contract.

Article 19. Signing Employment Contracts and Taking Up Positions

1. Within the latest twenty working days from the date of announcing the recruitment results, the successful civil servant applicant must sign the employment contract with the public service unit according to the notification prescribed in Clause 3 of Article 17 of this Decree.

2. Within the latest twenty working days from the date the employment contract is signed, the successful applicant must take up the position, except in cases where the employment contract specifies a different term. In case the successful applicant has valid reasons that prevent them from taking up the position within the stated period, they must submit a request for extension before the deadline to the agency or unit with authority to recruit civil servants.

3. If the successful applicant does not sign the employment contract within the time limit prescribed in Clause 1 of this Article or takes up the position after the time limit prescribed in Clause 2 of this Article, the head of the agency with authority to recruit civil servants shall cancel the successful recruitment result or terminate the signed contract.

SECTION 6. PROBATION PERIOD

Article 20. Probation Period System

1. Successful civil servant applicants must undergo a probation period to familiarize themselves with the work environment, perform tasks of the recruited position, except in cases prescribed in Clause 1 of Article 27 of the Civil Servant Law.

2. Ministries managing occupational titles of specialized civil servants shall coordinate with the Ministry of Home Affairs to specify the probation period according to the occupational titles of each profession and field as prescribed by law.

3. Maternity leave under social insurance regulations and sick leave of three days or more, and periods of detention, arrest, or suspension of duties as prescribed by law shall not be counted towards the probation period.

4. Content of the probation period:

a) Familiarizing oneself with the provisions of the Civil Servant Law regarding the rights, obligations of civil servants, matters that civil servants are not allowed to do; understanding the organizational structure, functions, responsibilities, and powers of the agency, organization, or unit where they will work, internal regulations, and work rules of the agency, organization, or unit, and the duties and responsibilities of the recruited position;

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

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

Article 21. Guidance for Probationary Period

1. Public service units shall be responsible for guiding probationers to thoroughly understand and practice tasks according to the content of the probationary period as prescribed in Clause 4, Article 20 of this Decree.

2. Within the latest seven working days from the date the civil servant reports for duty, the head of the public service unit must assign a civil servant with a professional title equal to or higher than that of the probationer, who has the capacity, experience in their field, and the ability to guide the probationer. It is not allowed to assign one person to guide more than two probationers at the same time.

Article 22. Regulations and Policies for Probationers and Guidance Personnel

1. During the probationary period, the probationer shall receive 85% of the salary corresponding to the professional title for the recruited position. In cases where the probationer holds a master's degree or doctorate degree and the field of study matches the requirements of the recruited position, the probationer with a master's degree shall receive 85% of the second-level salary, while the probationer with a doctorate degree shall receive 85% of the third-level salary corresponding to the professional title for the recruited position. Other 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 professional title for the recruited position 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) Completing military service obligations, serving in the People's Police Force, officers, professional soldiers, personnel engaged in confidential work, volunteers of the Youth Shock Corps, and voluntary intellectuals participating in rural and mountainous development for at least twenty-four months and having fulfilled their tasks.

3. The probationary period shall not be counted towards the time for salary grade promotion.

4. During the guidance period, the guidance personnel shall receive a responsibility allowance coefficient of 0.3 times the current minimum wage.

5. The guidance personnel and probationers shall also enjoy other monetary rewards and welfare benefits (if any) as stipulated by the State and the regulations of the public service unit.

Article 23. Procedures and Formalities for Appointment of Professional Titles Upon Completion of Probationary Period

1. Upon completion of the probationary period, the probationer must submit a written report on the results of the probationary period according to the contents prescribed in Clause 4, Article 20 of this Decree.

2. The guidance personnel shall be responsible for providing written comments and evaluations of the probationary results of the probationer, which shall be sent to the head of the public service unit.

3. The head of the public service unit shall evaluate the character, ethics, and work results of the probationer. If the probationer meets the requirements after the probationary period, a decision to appoint the professional title or a document requesting the competent authority managing civil servants to issue such a decision shall be made. If the probationer does not meet the requirements after the probationary period, the provisions of Clause 1, Article 24 of this Decree shall be implemented.

Article 24. Termination of Employment Contracts for Probationers

1. The employment contract of a probationer shall be terminated if they fail to meet the requirements after the probationary period or are subject to disciplinary measures starting from a warning.

2. The unit using civil servants shall propose to the head of the public service unit to terminate the employment contract for probationers in the cases specified in Clause 1 of this Article.

3. If a probationer has worked for six months or longer, they shall be entitled to one month's salary, current allowances, and travel expenses back to their place of residence upon termination of the employment contract.

Chapter 3.

USE OF CIVIL SERVANTS

PART 1. ASSIGNMENT OF TASKS, DETACHMENT, APPOINTMENT, AND REMOVAL OF PUBLIC SERVICE OFFICERS

Article 25. Assignment of Tasks

1. The head of a public service unit or the head of a unit employing public service officers shall be responsible for assigning tasks to public service officers, supervising the performance of these tasks, ensuring necessary conditions for public service officers to perform their tasks, and implementing policies and benefits for public service officers.

2. The assignment of tasks to public service officers must be appropriate to their occupational titles, management positions appointed, and the requirements of their job positions.

Article 26. Detachment of Public Service Officers

1. Detachment of public service officers shall be carried out in the following cases:

a) For urgent and critical tasks;

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

2. The duration of detachment of public service officers shall not exceed three years. In special sectors or fields where longer detachment periods are required, such periods shall be implemented in accordance with the provisions of specialized laws.

3. The agency or public service unit dispatching public service officers on detachment shall continue to manage and monitor them during the detachment period.

4. The agency or unit receiving detached public service officers shall be responsible for assigning, arranging, evaluating, and supervising the performance of their tasks.

5. Public service officers dispatched on detachment shall enjoy the rights stipulated in Clause 4, Clause 5, and Clause 6 of Article 36 of the Law on Public Service Officers.

Article 27. Appointment of Management Public Service Officers

1. The appointment of management public service officers must be based on the needs of the public service unit and the following criteria and conditions:

a) Meeting the standards for management positions as prescribed by authorized agencies or units;

b) Having complete personal files verified clearly by authorized agencies or units; having 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;

e) Not being subject to any prohibitions on holding positions as prescribed by law.

2. The term of appointment is five years, except when implemented according to specialized laws or regulations of authorized agencies. Upon expiration of the term of appointment, the authorized agency or unit may reappoint or not reappoint the management public service officer.

3. The benefits of public service officers appointed to management positions shall be implemented according to the provisions of Clause 2, Clause 3, Clause 4 of Article 37 and Clause 3 of Article 38 of the Law on Public Service Officers.

Article 28. Authority to Appoint, Resolve Resignation from Management Positions, or Removal of Management Public Service Officers

1. For public service units granted autonomy, the head of the public service unit shall implement appointments, resolve resignations from positions, or removals of management public service officers according to the delegation level.

2. For public service units not granted autonomy, the authorized agency appointing or removing the head of the public service unit shall implement or delegate the authority to appoint, resolve resignations from management positions, or remove management public service officers.

PART 2. CHANGE OF OCCUPATIONAL TITLES

Article 29. Change of Occupational Titles of Public Service Officers

1. The change of occupational titles of public service officers shall be carried out as follows:

a) When transferring from one occupational title to another at the same level, it must be done through a review process for changing occupational titles;

b) When advancing from a lower level to the next higher level within the same field, it must be done through an examination or review process for advancing occupational titles.

2. Ministries managing occupational titles of specialized public service officers shall take the lead and coordinate with the Ministry of Home Affairs to specify detailed criteria, conditions, content, and forms of examinations or reviews for advancing occupational titles for public service officers.

Article 30. Allocation and Delegation of Organization of Examinations or Promotion Assessments for Professional Ranks of Civil Servants

1. The examination or promotion assessment for civil servants to be promoted from Rank II to Rank I shall be conducted as follows:

a) Ministries managing the professional ranks of specialized civil servants shall organize examinations or assessments according to approved plans.

b) The Ministry of Home Affairs shall approve the project on organizing examinations or assessments for promotion of professional ranks; review and decide on the list of civil servants eligible to participate in examinations or assessments; issue decisions to establish Examination Boards; recognize results and appoint professional rank I.

2. The examination or promotion assessment for civil servants to be promoted from Rank III to Rank II shall be conducted as follows:

a) Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees under the central government shall take the lead and coordinate with the Ministry of Home Affairs to organize examinations or assessments for promotion of professional ranks in accordance with the provisions of the law and guidelines of the ministry managing the professional ranks of specialized civil servants.

b) The Ministry of Home Affairs shall approve the project on organizing examinations or assessments for promotion of professional ranks; review the list of civil servants eligible to participate in examinations or assessments and review the results of promotion of professional ranks.

3. The examination or promotion assessment for civil servants to be promoted from Rank IV to Rank III shall be organized or delegated by ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees under the central government in accordance with the provisions of the law and guidelines of the ministry managing the professional ranks of specialized civil servants.

4. The Party authority with jurisdiction shall stipulate the allocation and delegation of organization of examinations or assessments for promotion of professional ranks of civil servants in public service units belonging to political organizations and political-social organizations in accordance with the provisions of the law.

Article 31. Procedures and Formalities for Organizing Examinations or Promotion Assessments for Professional Ranks of Civil Servants

1. Each year, the agency allocated or delegated to organize examinations or assessments for promotion of professional ranks of civil servants as specified in Clause 1 and Clause 2 of Article 30 of this Decree shall develop a project to send to the Ministry of Home Affairs for unified examination or assessment promotion plans.

2. Each year, the agencies and units allocated or delegated to organize examinations or assessments for promotion of professional ranks of civil servants as specified in Clause 3 of Article 30 of this Decree shall develop a project to send to the competent authority delegating power (Ministry, ministerial-level agency, government agency, or provincial People's Committee or municipal People's Committee under the central government) for approval before implementation.

3. Agencies, organizations, and units allocated or delegated as specified in Clause 2 and Clause 3 of Article 30 of this Decree shall establish Examination Boards or Promotion Assessment Boards for civil servants.

4. Duties and powers of Examination Boards or Promotion Assessment Boards for civil servants:

a) Announce the plan, rules, format, content, time, and location of examinations or assessments;

b) Announce the conditions and criteria for participating in examinations or assessments;

c) Establish a working group including: Question-setting team, invigilation team, marking team, re-marking team;

d) Organize the collection of examination or assessment fees and use them according to regulations;

đ) Organize marking of examinations or conduct assessments and re-assessments according to regulations;

e) Summarize and report to the head of the agency or unit allocated or delegated to organize examinations or assessments for promotion of professional ranks to recognize results;

g) Resolve complaints and denunciations during the organization of examinations or assessments according to the provisions of the law.

5. Agencies and units allocated or delegated to organize examinations or assessments for promotion of professional ranks shall have the responsibility to notify in writing the results of examinations or assessments for promotion of professional ranks to the competent agency or unit to issue decisions on appointment of professional ranks and salary grading for civil servants who achieve results according to the delegation.

PART 3. TRAINING AND DEVELOPMENT

Article 32. Objectives and Principles of Training and Development for Civil Servants

1. Objectives of training and development:

a) To update knowledge, enhance skills and methods to perform assigned tasks;

b) To contribute to building a team of civil servants with professional ethics, sufficient qualifications and professional competence to ensure the quality of professional activities.

2. Principles of training and development:

a) Training and development must be based on job positions, occupational standards, and the human resource development needs of public institutions;

b) To ensure the autonomy of public institutions in training and development activities;

c) To encourage civil servants to study and improve their qualifications to meet job requirements;

d) To ensure transparency, fairness, and effectiveness.

Article 33. Training and Development System

1. The system of training and development for civil servants shall be implemented in accordance with Clause 1, Clause 2, and Clause 3 of Article 33 of the Civil Servant Law.

2. Ministries managing occupational titles of specialized civil servants shall be responsible for organizing the compilation of programs and materials for development according to occupational standards and promulgating them after receiving the review comments from the Ministry of Home Affairs.

3. Ministries managing occupational titles of specialized civil servants shall be responsible for promulgating and guiding the implementation of mandatory annual updating knowledge and skill development programs.

4. Training and Development Certificates:

a) Development certificates according to occupational standards are among the conditions and criteria for appointment and change of occupational titles of civil servants;

b) Ministries managing occupational titles of specialized civil servants shall stipulate the management and issuance of certificates for development programs according to occupational standards of specialized civil servants;

c) Participation and completion of mandatory annual updating knowledge and skill development programs are among the bases for evaluating the performance of civil servants.

Article 34. Rights and Responsibilities of Civil Servants Sent for Training and Development

1. The rights of civil servants sent for training and development shall be implemented in accordance with Clause 2 of Article 35 of the Civil Servant Law.

2. The responsibilities of civil servants when implementing the training and development system shall be carried out in accordance with Clause 1 and Clause 3 of Article 35 of the Civil Servant Law.

Article 35. Funding for Training and Development

Funding for training and development of civil servants shall be paid from the financial resources of public institutions or sponsored by organizations and individuals both domestically and internationally as prescribed by law.

Article 36. Training and Compensation for Training Costs

1. Civil servants may be sent for training in the following cases:

a) Public institutions are reorganized or restructured;

b) To meet the needs of building, planning, and developing human resources of agencies, organizations, and units.

2. Conditions for civil servants to be sent for training:

a) The training field must be appropriate to the job position and occupational title of the civil servant;

b) There must be a commitment to perform duties and serve at the public institution for a period at least twice the duration of the training program after completing the training program.

3. Civil servants sent for training under international cooperation programs signed or joined by the Socialist Republic of Vietnam, in addition to the conditions stipulated in Clause 1 and Clause 2 of this Article, must comply with the provisions of the Law on Signing, Joining, and Implementing International Treaties and meet other requirements of the cooperation program.

4. Civil servants sent for training within and outside the country must compensate for training costs in the following cases:

a) During the period of being sent for training, the civil servant voluntarily withdraws from the course or unilaterally terminates the employment contract;

b) The civil servant completes the course but does not receive a graduation certificate or academic transcript from the training institution;

c) The civil servant has completed the course and received a graduation certificate at the level of associate degree or higher but has not served the required time as committed in Point b of Clause 2 of this Article.

5. The Ministry of Home Affairs shall provide detailed guidance on calculating compensation costs and procedures for compensating training costs as stipulated in this Article.

SECTION 4. EVALUATION OF CIVIL SERVANTS

Article 37. Procedures and Formalities for Annual Evaluation of Civil Servants

1. For managerial civil servants:

a) The civil servant evaluates their work results based on assigned tasks and comments on their strengths and weaknesses in their work;

b) The collective where the managerial civil servant works organizes a meeting to contribute opinions. The opinions are recorded in a minutes document and approved at the meeting;

c) The person authorized to appoint bears responsibility for evaluating, deciding on classification, and notifying the managerial civil servant after reviewing the collective's opinion minutes.

2. For non-managerial civil servants:

a) The civil servant evaluates their work results based on assigned tasks;

b) The collective of the unit employing the civil servant organizes a meeting to contribute opinions. The opinions are recorded in a minutes document and approved at the meeting;

c) The person authorized to evaluate the civil servant reviews the self-evaluation results of the civil servant, assesses the strengths and weaknesses of the civil servant in their work, and decides on the classification of the civil servant.

3. Notification of evaluation and classification results of civil servants shall be carried out in accordance with Article 44 of the Civil Servant Law.

4. Cases of civil servant evaluations shall be implemented in accordance with Clause 3, Article 41 of the Civil Servant Law. The evaluation of civil servants before appointment, reappointment, planning, training, and when completing the term of secondment shall be conducted by the head of the public institution according to the procedures and formalities of the civil servant appointment, reappointment, planning, and secondment work.

5. Ministries managing occupational titles of specialized civil servants are responsible for taking the lead and coordinating with the Ministry of Home Affairs to issue Regulations on Evaluation and provide specific guidance on the procedures and content of evaluation for specialized civil servants.

SECTION 5. PROVISIONS ON TERMINATION OF SERVICE AND RETIREMENT PROCEDURES

Article 38. Resolution of Termination of Service

1. Civil servants may have their service terminated in the following cases:

a) A civil servant voluntarily requests termination of service in writing, which is agreed upon in writing by the competent authority;

b) A civil servant unilaterally terminates the employment contract in accordance with Clause 4 and Clause 5, Article 29 of the Civil Servant Law;

c) A public institution unilaterally terminates the employment contract with a civil servant when one of the cases specified in Point c, Point d, and Point đ, Clause 1, Article 29 of the Civil Servant Law occurs.

2. Civil servants will not be granted termination of service if they fall under any of the following circumstances:

a) They are currently being considered for disciplinary action or criminal prosecution;

b) They have not completed the agreed working period with the public institution after being sent for training or after being recruited;

c) They have not settled all financial and property obligations owed to the public institution;

d) Due to work requirements and no replacement has been arranged.

3. Procedures for Resolving Termination of Service

a) A civil servant wishing to terminate service submits a written request to the head of the public institution;

b) Within twenty working days from the date of receipt of the application, if the head of the public institution agrees to terminate the civil servant's service, they issue a decision to terminate the employment contract; if they disagree, they notify the civil servant in writing and specify the reasons in accordance with Clause 2 of this Article;

c) In the case where a public institution unilaterally terminates the employment contract with a civil servant as stipulated in Point c, Clause 1 of this Article and simultaneously resolves the termination benefits for the civil servant in accordance with this Decree.

Article 39. Severance Allowance

1. The severance allowance for the period of service of civil servants from December 31, 2008, and earlier shall be calculated as follows:

a) For each year of work, it is calculated at 1/2 (one half) of the current salary level, including: the salary according to the occupational title, leadership position allowance, seniority allowance exceeding the ceiling, occupational seniority allowance, and the salary retention coefficient (if applicable);

b) The minimum severance allowance is equal to 01 (one) month of the current salary level;

c) In cases where civil servants were recruited before July 1, 2003, the period of work eligible for severance allowance is the total accumulated working time from the date of recruitment decision until December 31, 2008;

d) In cases where civil servants were recruited on or after July 1, 2003, the period of work eligible for severance allowance is the total accumulated working time under employment contracts from the date of recruitment decision until December 31, 2008;

2. The severance allowance for the period of service of civil servants from January 1, 2009, onwards shall be implemented in accordance with the provisions of the law on unemployment benefits;

3. The source of funds for paying the severance allowance shall be taken from the financial resources of public service units;

4. Civil servants who cease their duties and receive the severance allowance as stipulated in Clause 1 and Clause 2 of this Article shall have their time of social insurance contributions confirmed in accordance with the provisions of the law;

Article 40. Retirement Procedures

1. The retirement date is the first day of the month immediately following the month in which the civil servant reaches the retirement age as prescribed;

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

a) Not more than 01 (one) month in the case where the retirement date coincides with the Lunar New Year holiday; the civil servant's spouse, parent, or child has passed away, or been declared missing by a court; the civil servant and his/her family have suffered losses due to natural disasters, enemy attacks, or fire;

b) Not more than 03 (three) months in the case of serious illness or accident, with confirmation from a hospital;

c) Not more than 06 (six) months in the case of treatment for diseases listed in the directory of long-term treatable diseases issued by the Ministry of Health, with confirmation from a hospital;

3. If a civil servant falls under multiple cases specified in Clause 2 of this Article, only the case allowing the longest postponement of the retirement date shall be applied;

4. The head of the agency or unit authorized to manage the civil servant shall decide on the postponement of the retirement date in accordance with the provisions of Clause 2 of this Article;

5. In cases where a civil servant does not wish to postpone the retirement date as stipulated in Clause 2 of this Article, the head of the agency or unit authorized to manage the civil servant shall process the retirement in accordance with the provisions of this Article;

6. Six months prior to the retirement date as stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article, the managing agency or unit must issue a written notice about the retirement date so that the civil servant can be informed and prepare for replacement;

7. Provisions related to the retirement decision:

a) Three months prior to the retirement date as stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article, the managing agency, organization, or unit must issue a retirement decision;

b) Based on the retirement decision as stipulated in Point a of this Clause, the managing agency or unit shall cooperate with the social insurance organization to carry out procedures in accordance with regulations for the civil servant to enjoy social insurance benefits upon retirement;

c) The civil servant retiring has the responsibility to hand over files, documents, and ongoing tasks to the designated successor at least three working days prior to the retirement date;

d) From the retirement date recorded in the retirement decision, the retired civil servant shall enjoy social insurance benefits in accordance with the regulations.

Article 41. Regime, policies, and management mechanisms for civil servants who have retired and enter into term or task contracts with public service units.

1. Civil servants who have retired and enter into term or task contracts with public service units, in addition to the pension they receive according to regulations, also receive remuneration stipulated in the signed contract.

2. Public service units are responsible for ensuring working conditions serving professional activities as specified in the term or task contract, including the rights of civil servants regarding professional activities as provided for in Clauses 1, 3, 4, 5, 6, and 7 of Article 11 of the Civil Servant Law.

3. The regime and working hours of retired civil servants shall be specifically stipulated in the term or task contracts signed with public service units.

SECTION 6. TRANSITION AND CONTINUATION FOR CIVIL SERVANTS

Article 42. Transition between civil servants and cadres, public officials

1. Civil servants who have worked at public service units for at least 60 months (excluding probationary period), possessing educational qualifications, work experience, and meeting the requirements of the position to be recruited, when the agency managing and using public officials has recruitment needs, may be considered for transition to public officials without examination according to the laws on public officials.

2. When civil servants are accepted and appointed to positions defined by law as public officials in Party organizations, state agencies, and political-social organizations, they must follow the procedures for transitioning to public officials without examination as stipulated by the laws on public officials; simultaneously, the decision on acceptance and appointment is also the recruitment decision.

3. Civil servants appointed to leadership and management positions within public service units that are defined by law as public officials, upon being appointed to the corresponding public official rank, must complete the criteria of the appointed rank; meanwhile, they retain their original professional titles, enjoy salary regimes, and other benefits as civil servants of public service units.

4. Cadres and public officials transferred to work as civil servants in public service units must meet the criteria and conditions stipulated by the laws on civil servants.

Article 43. Continuation for civil servants

1. Implementation of signing employment contracts for civil servants as prescribed in Article 59 of the Civil Servant Law is as follows:

a) For civil servants recruited before July 1, 2003, the head of the public service unit is responsible for conducting procedures to sign indefinite-term employment contracts with civil servants according to Clause 2 of Article 25, Articles 26, 28, 29, 30 of the Civil Servant Law, and Clause 2 of Article 18 of this Decree, ensuring the benefits, regimes, and policies for job stability, salary systems, and other benefits currently enjoyed by civil servants;

b) For civil servants recruited from July 1, 2003 to January 1, 2012, based on the length of service and employment contracts already signed with public service units, the head of the public service unit shall implement the signing of fixed-term or indefinite-term employment contracts with civil servants according to the Civil Servant Law;

c) For civil servants recruited after January 1, 2012, the head of the public service unit shall implement the signing of employment contracts according to the Civil Servant Law.

2. The Ministry of Home Affairs shall guide, inspect, and urge the implementation of the continuation provisions for civil servants under Article 59 of the Civil Servant Law and Clause 1 of this Article.

Chapter 4.

CIVIL SERVANT MANAGEMENT

Article 44. Contents of Civil Servant Management

1. Develop plans and career planning for civil servants.

2. Establish standards and occupational titles for civil servants; determine job positions and the structure of civil servants according to occupational titles and corresponding staffing levels.

3. Organize the implementation of recruitment, signing of employment contracts, assignment of tasks, secondment, inspection, and evaluation of civil servants.

4. Organize the implementation of changes in occupational titles.

5. Organize the implementation of training and development programs for civil servants.

6. Organize the implementation of salary systems and individual benefits for civil servants.

7. Organize the implementation of rewards and disciplinary measures for civil servants.

8. Resolve termination of employment and retirement for civil servants.

9. Implement reporting, statistical, and file management systems for civil servants.

10. Conduct inspections and checks on the enforcement of laws and regulations concerning civil servants.

11. Resolve complaints and accusations against civil servants.

Article 45. Tasks and Authorities of the Ministry of Home Affairs

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

1. Draft, amend, and supplement legal provisions on civil servants to be submitted to the National Assembly and the Standing Committee of the National Assembly by the Government.

2. Draft and submit to the Government and the Prime Minister regulations on strategies, plans, programs for developing the civil servant workforce; division of labor and hierarchical management of civil servants; determination of job positions and the structure of civil servants according to occupational titles; strategies and plans for training and development of the civil servant workforce; salary systems; policies for individuals with talent; regulations on appointment, reappointment, secondment, resignation, dismissal, commendation, discipline, termination of employment contracts, termination of employment, and retirement for civil servants.

3. Establish occupational title codes for civil servants; review the establishment and implementation of occupational title standards for civil servants; issue regulations on organizing examinations and selection processes for civil servants; coordinate with specialized ministries managing occupational titles for civil servants to issue examination and promotion regulations for civil servants; review framework training programs based on occupational title standards for civil servants; establish regulations on implementing or applying civil service titles for civil servants working in administrative, general, office management, planning, and financial departments of public institutions.

4. Lead and coordinate with specialized ministries managing occupational titles for civil servants to establish regulations on file creation and management; civil servant identification numbers; cards and wearing regulations for civil servants.

5. Lead and coordinate with ministries, ministerial-level agencies, government agencies, provincial people's councils, and centrally governed city people's councils to organize statistics on the quantity and quality of the civil servant workforce.

6. Coordinate with specialized ministries managing occupational titles for civil servants to organize and recognize results of examinations or promotions from Grade II to Grade I for civil servants; supervise and inspect the organization of examinations or promotions for civil servants; appoint occupational titles for Grade I civil servants.

7. Guide and organize the implementation of reporting systems for civil servant management.

8. Conduct inspections, checks, and supervision of the implementation of laws and regulations concerning civil servants.

Article 46. Tasks and powers of Ministries, ministerial-level agencies, agencies under the Government, and organizations established by the Government or the Prime Minister that are not public service units.

1. Managing the quantity, standards, recruitment, and utilization of civil servants within their assigned scope of management; deciding or delegating decisions on regular salary increments, early salary increments, and seniority allowances exceeding the framework for civil servants; appointing, dismissing, and setting salaries for civil servants with professional ranks from Class II downwards.

2. Managing job positions according to the assigned scope of management and as prescribed by law.

3. Taking the lead and coordinating with the Ministry of Home Affairs and the Ministry managing the professional ranks of specialized civil servants to organize examinations or evaluations for promotion from Rank III to Rank II.

4. Taking the lead or authorizing the organization of examinations or evaluations for promotion from Rank IV to Rank III for civil servants within their scope of management.

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

6. Handling complaints and denunciations according to the delegated level and as prescribed by law.

7. Ministries and ministerial-level agencies shall guide, inspect, check, and supervise the implementation of legal provisions concerning civil servants within their scope of management.

8. Agencies under the Government and organizations established by the Government or the Prime Minister that are not public service units shall inspect the implementation of legal provisions concerning civil servants within their scope of management.

Article 47. Tasks and powers of Ministries managing the professional ranks of specialized civil servants.

In addition to the tasks and powers stipulated in Clauses 1, 2, 3, 5, 6, 7, and 8 of Article 46 of this Decree, Ministries managing the professional ranks of specialized civil servants also have the following tasks and powers:

1. Providing detailed regulations on the content, program, form, and duration of training according to the standards of specialized civil servant professional ranks.

2. Taking the lead and coordinating with the Ministry of Home Affairs and related agencies to develop systems and policies for civil servants in special sectors and submitting them to the Government and the Prime Minister.

3. Taking the lead and coordinating with related agencies to establish and promulgate professional standards for civil servants in their managed sectors after receiving the review opinions of the Ministry of Home Affairs.

4. Taking the lead and coordinating with the Ministry of Home Affairs to organize examinations or evaluations for promotion from Rank III to Rank II.

5. Ministries managing the professional ranks of specialized civil servants include:

a) The Ministry of Home Affairs manages the professional ranks of specialized civil servants in archives.

b) The Ministry of Justice manages the professional ranks of specialized civil servants in the judiciary.

c) The Ministry of Agriculture and Rural Development manages the professional ranks of specialized civil servants in agriculture, forestry, water resources, and fisheries.

d) The Ministry of Construction manages the professional ranks of specialized civil servants in construction surveyors and architects.

đ) The Ministry of Science and Technology manages the professional ranks of specialized civil servants in science and technology.

e) The Ministry of Natural Resources and Environment manages the professional ranks of specialized civil servants in natural resources, environment, meteorology, hydrology, surveying, maps, sea, and islands.

g) The Ministry of Education and Training manages the professional ranks of specialized civil servants in education and training.

h) The Ministry of Health manages the professional ranks of specialized civil servants in medicine, pharmacy, and population.

i) The Ministry of Labor, Invalids, and Social Affairs manages the professional ranks of specialized civil servants in vocational training, labor, and social affairs.

k) The Ministry of Culture, Sports, and Tourism manages the professional ranks of specialized civil servants in culture, arts, sports, and tourism.

l) The Ministry of Information and Communications manages the professional ranks of specialized civil servants in information and communications.

Article 48. Tasks and Authorities of the People's Committee of Provinces and Central-South Cities

1. Managing state affairs regarding recruitment, utilization for civil servants within the scope of management according to division and decentralization; regular promotion, early promotion, and seniority allowance exceeding the ceiling for civil servants; appointment, dismissal, and salary grading for civil servants from Class II downwards.

2. Decentralizing recruitment, utilization, training, and upgrading for civil servants in public service units under its management authority.

3. Managing job positions and the number of civil servants according to decentralization and legal regulations.

4. Leading and coordinating with the Ministry of Home Affairs to organize examinations or evaluations to promote occupational titles from Class III to Class II. Leading the organization or decentralizing the organization of examinations or evaluations to promote occupational titles from Class IV to Class III.

5. Implementing commendation and disciplinary actions for civil servants according to authority or proposing competent authorities to commend or discipline according to regulations.

6. Conducting statistics and reporting statistics on civil servants according to regulations.

7. Inspecting, supervising, and monitoring the implementation of legal provisions for civil servants within the scope of management.

8. Resolving complaints and denunciations according to decentralization and legal regulations.

Article 49. Tasks and Authorities of Public Service Units

1. In cases where public service units have not been granted autonomy rights:

a) Implementing state systems and policies for civil servants according to decentralization;

b) Implementing recruitment, signing and terminating employment contracts, and assigning civil servants according to decentralization;

c) Arranging, assigning tasks, and inspecting the performance of tasks for civil servants, appointing, reappointing, dismissing, evaluating, training, and upgrading civil servants according to decentralization;

d) Implementing commendation and disciplinary actions for civil servants according to authority or proposing competent authorities to commend or discipline according to regulations;

đ) Implementing the establishment and retention of personal files for civil servants within the scope of management according to regulations;

e) Resolving termination of employment and retirement for civil servants according to decentralization;

g) Signing contracts for retired civil servants;

h) Conducting statistics and reporting to superior agencies and organizations about the quantity and quality of the civil servant workforce within the scope of management according to regulations;

i) Resolving complaints and denunciations according to legal regulations.

2. In cases where public service units have been granted autonomy rights, in addition to the tasks and authorities stipulated in Clause 1 of this Article, they shall also be assigned the following tasks and authorities:

a) Organizing examinations or evaluations to promote occupational titles according to decentralization or being authorized;

b) Deciding to send civil servants to attend seminars, conferences, research surveys, and experience learning abroad according to decentralization.

Chapter 5.

IMPLEMENTING PROVISIONS

Article 50. Application of the Decree to Other Subjects

Management of individuals working in public service units under political-social-professional organizations, social organizations, social-professional organizations, public service units under public service enterprises, and public service units under state-owned limited liability companies shall apply the provisions of this Decree.

Article 51. Effective Date

1. This Decree takes effect from June 1, 2012.

2. Abolishing Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on Recruitment, Utilization, and Management of Cadres and Civil Servants in State Public Service Units and Decree No. 121/2006/NĐ-CP dated October 23, 2006 of the Government amending and supplementing certain articles of Decree No. 116/2003/NĐ-CP.

3. This Decree replaces the following provisions:

a) Regulations on termination of employment and compensation for training costs for civil servants at Decree No. 54/2005/NĐ-CP dated April 19, 2005 of the Government on Termination of Employment and Compensation for Training Costs for Cadres and Civil Servants;

b) Regulations on procedures for retirement for civil servants at Decree No. 143/2007/NĐ-CP dated September 10, 2007 of the Government on Procedures for Retirement for Cadres and Civil Servants Meeting Retirement Conditions.

Article 52. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees and Central-South City People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.