Decree No. 361/2025/NĐ-CP on job positions for civil servants

DECREE

On positions and staffing for civil servants

Pursuant to the Government Organization Law No. 63/2025/QH15;

Pursuant to the Law on Local Administration Organization No. 72/2025/QH15;

Pursuant to the Civil Servants and Public Officials Law No. 80/2025/QH15;

At the proposal of the Minister of Home Affairs;

The Government promulgates this Decree on positions and staffing for civil servants

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates principles, procedures, and formalities for establishing, approving positions and staffing ratios for civil servants as prescribed in the Civil Servants and Public Officials Law No. 80/2025/QH15.

Article 2. Applicability

1. This Decree applies to the following administrative agencies and organizations:

a) Ministries, ministerial-level agencies, and organizations established by the Government or the Prime Minister that are not public service units when granted authority to manage civil servants (hereinafter referred to collectively as ministries); agencies and organizations under ministries;

b) People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as provincial level); specialized agencies, agencies, and organizations under provincial People's Committees; Offices of Provincial Delegations of the National Assembly and People's Councils of provinces and centrally governed cities (hereinafter referred to collectively as specialized agencies at provincial level);

c) People's Committees of communes, wards, and special economic zones (hereinafter referred to collectively as commune level); specialized agencies, and administrative organizations under commune People's Committees (hereinafter referred to collectively as specialized agencies at commune level).

2. The competent agency of the Communist Party of Vietnam shall specify the list of positions and staffing ratios for civil servants in the agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, and political-social organizations.

3. The Standing Committee of the National Assembly, the Office of the President, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, and the State Auditor General shall decide on the application of the provisions of this Decree to civil servants in the administrative agencies under their management.

4. The Ministers of Defense and Public Security shall decide on the application of the provisions of this Decree to civil servants working in agencies, organizations, and units under their management.

5. Civil servants as defined in Clause 2, Article 1 of the Civil Servants and Public Officials Law No. 80/2025/QH15 and persons signing labor contracts to work in civil servant positions as prescribed by law.

Article 3. Principles for Determining and Managing Positions

1. Compliance with the regulations of the Party and laws regarding positions and staffing ratios for civil servants.

2. Ensuring objectivity, transparency, democracy, and alignment with the functions, tasks, authorities, and organizational structure of the agencies and organizations.

3. Regularly reviewing and promptly adjusting the list of positions used in agencies and organizations when there are changes in state management functions and tasks in sectors and fields according to the regulations of the competent authority.

4. Promoting decentralization and delegation of authority, emphasizing the responsibility of leaders in managing, utilizing, and assigning civil servants to positions based on the framework of positions set by the Government, linked to the performance results of civil servants; ensuring connectivity and consistency in personnel work.

5. Applying science and technology, digital transformation in managing positions.

Chapter II

DETERMINATION OF POSITIONS AND STAFFING RATIOS FOR CIVIL SERVANTS

Article 4. Determination of Positions, Establishment of Job Descriptions and Competency Frameworks for Positions

1. The framework list of positions in administrative agencies issued together with this Decree includes:

a) Appendix I on the list of leadership and management positions for civil servants in administrative agencies at the ministry and provincial levels;

b) Appendix II on the list of professional and technical positions for civil servants in administrative agencies at the ministry and provincial levels;

c) Appendix III on the list of support and service positions in administrative agencies at the ministry and provincial levels;

d) Appendix IV on the list of positions for civil servants in the Office of Provincial Delegations of the National Assembly and People's Councils;

đ) Appendix V on the list of positions for civil servants in administrative agencies at the commune level.

2. The determination of positions in administrative agencies shall be carried out as follows:

Based on the framework list of positions as stipulated in Clause 1 of this Article and in accordance with the functions, tasks, authorities, and organizational structure as prescribed by the competent authority, the agency using civil servants shall be responsible for determining specific positions used in its own agency; establishing job descriptions and competency frameworks for each position according to the model prescribed in Clause 3 of this Article; determining the staffing ratio for civil servants needed for each position in its own agency and organization according to Articles 7 and 8 of this Decree.

3. Agencies using civil servants shall implement the establishment of job descriptions and competency frameworks for positions used in their own agencies and organizations according to the models in Appendix VI issued together with this Decree, including:

a) Model No. 01 guiding the competency framework and determining the level of the competency framework for positions;

b) Model No. 02 applicable to deputy minister positions and equivalent positions;

c) Model No. 03 applicable to heads of positions;

d) Model No. 04 applicable to deputy positions of heads;

đ) Model No. 05 applicable to leadership and management positions not applying Models No. 02, No. 03, and No. 04;

e) Model No. 06 applicable to Assistant and Secretary positions;

g) Model No. 07 applicable to professional and technical positions classified as senior experts;

h) Model No. 08 applicable to professional and technical positions classified as senior officials and equivalent positions at the ministry and provincial levels;

i) Model No. 09 applicable to professional and technical positions classified as chief officials and equivalent positions at the ministry and provincial levels;

k) Model No. 10 applicable to professional and technical positions classified as officials and equivalent positions at the ministry and provincial levels;

l) Model No. 11 applicable to professional and technical positions classified as civil servants and equivalent positions, and staff and equivalent positions at the ministry and provincial levels;

m) Model No. 12 applicable to professional and technical positions classified as officials and equivalent positions, and staff and equivalent positions at the commune level. The competent authority approving positions shall decide on the application of this model when establishing job descriptions and competency frameworks for commune-level military cadres, ensuring compliance with the law on self-defense militia;

n) Model No. 13 applicable to chief accountant or accounting supervisor positions at the ministry, provincial, and commune levels.

Article 5. Approval of job positions

1. The agency employing civil servants shall prepare a dossier to request approval of job positions for their agency and submit it to the advisory body on organizational cadres of the competent authority for review and consolidation. The dossier includes:

a) A document requesting approval of job positions;

b) A list of job positions used within the agency or organization;

c) Job descriptions and competency frameworks for each job position;

d) Proposals for the ratio of civil servants to be assigned to each job position.

2. The advisory body on organizational cadres of the competent authority for approving job positions shall be responsible for reviewing and consolidating the dossier and submitting it to the competent authority for examination and decision.

In case the dossier submitted for approval of job positions does not meet the requirements stipulated in Clause 1 of this Article, the advisory body on organizational cadres shall issue a document requesting the agency employing civil servants to complete the dossier in accordance with regulations within three working days from receipt of the dossier.

Within thirty working days from the date of receiving a complete dossier requesting approval of job positions, the advisory body on organizational cadres must complete the review and consolidation and report to the competent authority for examination and decision. The review content includes:

a) The appropriateness of the list of job positions determined in relation to the functions and tasks of the agency or organization as prescribed by the competent authority;

b) The appropriateness of the job descriptions and competency frameworks for each job position in relation to the functions and tasks, management scale, nature, and requirements of the agency employing civil servants;

c) The ratio of civil servants needed to be assigned to each job position.

Within ten working days from the date of receiving the report from the advisory body on organizational cadres, the competent authority for approving job positions shall issue a decision approving the list of job positions of the agency employing civil servants, and simultaneously send it to the Ministry of Home Affairs for consolidation and monitoring.

Article 6. Adjustment of job positions in agencies and organizations

1. Adjustments of job positions shall be carried out in the following cases:

a) The agency or organization has changed one of the bases prescribed in Clause 1 of Article 23 of the Civil Servants Law No. 80/2025/QH15;

b) Requirements for restructuring and arranging staff.

2. Adjustments of job positions in agencies and organizations shall be implemented according to Article 5 of this Decree.

Article 7. Ratio of civil servants assigned to job positions at ministries

1. The ratio of civil servants assigned to job positions does not apply to leadership and management job positions of Deputy Ministers and equivalent positions or civil servants holding senior expert positions as prescribed by the competent authority.

2. The ratio of civil servants assigned to job positions classified as Senior Specialist and equivalent grades:

a) For Departments and equivalent organizations performing specialized advisory functions on state administration in specific fields: The ratio shall not exceed 40% of the total number of authorized personnel of the unit;

b) For Departments and equivalent organizations performing general advisory functions or advisory functions on internal administrative work: The ratio shall not exceed 30% of the total number of authorized personnel of the unit;

c) For Class 1 Bureaus: The ratio shall not exceed 25% of the total number of authorized personnel of the unit;

d) For Class 2 Bureaus: The ratio shall not exceed 35% of the total number of authorized personnel of the unit;

đ) For the Ministry's Office: The ratio shall not exceed 20% of the total number of authorized personnel of the unit.

3. The ratio of civil servants assigned to job positions classified as Specialist and equivalent grades:

a) For Departments and equivalent organizations performing specialized advisory functions on state administration in specific fields: The ratio shall not exceed 40% of the total number of authorized personnel of the unit;

b) For Departments and equivalent organizations performing general advisory functions or advisory functions on internal administrative work: The ratio shall not exceed 50% of the total number of authorized personnel of the unit;

c) For Class 1 Bureaus: The ratio shall not exceed 40% of the total number of authorized personnel of the unit;

d) For Class 2 Bureaus: The ratio shall not exceed 50% of the total number of authorized personnel of the unit;

đ) For the Ministry's Office: The ratio shall not exceed 50% of the total number of authorized personnel of the unit.

4. The ratio of civil servants assigned to job positions classified as Specialist and equivalent grades, Cadre and equivalent grades, Clerk and equivalent grades: The remaining ratio for the number of civil servants of the units specified in Clauses 2 and 3 of this Article.

5. The competent authority for approving job positions shall decide and adjust the ratio of civil servants assigned to job positions in each agency employing civil servants under its jurisdiction to ensure compatibility with the functions, tasks, management scale, nature, and requirements of the tasks.

Article 8. Ratio of civil servants assigned to job positions at provincial level and commune level

1. The ratio of civil servants assigned to job positions classified as Senior Specialist and equivalent grades:

a) For leadership and management positions of heads of provincial specialized agencies: The ratio is 100%;

b) For leadership and management positions of deputy heads of provincial specialized agencies: The ratio shall not exceed 50% of the total number of deputy heads of all provincial specialized agencies as prescribed by the competent authority.

2. The ratio of civil servants assigned to job positions classified as Specialist and equivalent grades:

a) For provincial specialized agencies: The ratio shall not exceed 50% of the total number of civil servant personnel of each provincial specialized agency as authorized;

b) For commune specialized agencies:

For leadership and management positions of heads of commune specialized agencies: The ratio is 100%.

For leadership and management positions of deputy heads of commune specialized agencies: The ratio shall not exceed 50% of the total number of deputy heads of all commune specialized agencies as prescribed by the competent authority.

3. The ratio of civil servants assigned to job positions classified as Specialist and equivalent grades, Cadre and equivalent grades, Clerk and equivalent grades: The remaining ratio for the number of civil servants of provincial specialized agencies and commune specialized agencies.

4. The competent authority for approving job positions shall decide and adjust the ratio of civil servants assigned to job positions in each provincial specialized agency and commune specialized agency under its jurisdiction to ensure compatibility with the functions, tasks, management scale, nature, and requirements of the tasks.

Article 9. Classification of civil servants according to job positions

1. Principles for classifying civil servants according to job positions:

a) A civil servant assigned to a specific job position shall be classified into the corresponding rank based on that job position. The classification of civil servants according to job positions for specialized and professional civil servants must be based on the job description and the competency framework of the job position;

b) Civil servants appointed to leadership and management positions as deputy heads of agencies and organizations (excluding Deputy Ministers and equivalent positions), heads, and deputies of organizations under and directly under agencies and organizations, when classified into ranks according to job positions prescribed in this Decree, must meet the requirements of the specialized and professional job positions at the corresponding ranks used in their agencies and organizations;

c) The classification of civil servants according to leadership and management job positions as heads does not apply to those granted authority;

d) The classification of civil servants according to job positions prescribed in Clause 2 and Clause 3 of this Article must ensure compliance with the ratio approved by the competent authority for job positions as stipulated in Clause 5 of Article 7 and Clause 4 of Article 8 of this Decree.

2. Classification of civil servants according to job positions in ministries:

a) Classify as senior expert for persons recruited into senior expert job positions as prescribed by the competent authority.

b) Classify as senior specialist and equivalent for:

Heads and deputy heads of departments and equivalents; heads and deputies of organizations under departments and equivalents (if any); specialized and professional civil servants of departments and equivalents assigned to senior specialist and equivalent job positions;

Heads and deputy heads of bureaus; heads and deputies of organizations under and directly under bureaus; specialized and professional civil servants of organizations under bureaus with functions and tasks of advising on state administration in sectors and fields assigned to senior specialist and equivalent job positions;

Heads and deputy heads of ministry offices; heads and deputies of organizations under ministry offices; specialized and professional civil servants of organizations under ministry offices with functions of advising and summarizing assigned to senior specialist and equivalent job positions.

c) Classify as chief specialist and equivalent for:

Deputy heads of departments and equivalents; heads and deputies of organizations under departments and equivalents (if any); specialized and professional civil servants of departments and equivalents assigned to chief specialist and equivalent job positions;

Deputy heads of bureaus; heads and deputies of organizations under and directly under bureaus; specialized and professional civil servants of bureaus assigned to chief specialist and equivalent job positions;

Deputy heads of ministry offices; heads and deputies of organizations under ministry offices; specialized and professional civil servants of ministry offices assigned to chief specialist and equivalent job positions.

d) Classify as specialist and equivalent for civil servants assigned to specialist and equivalent job positions; classify as cadet and equivalent for civil servants assigned to cadet and equivalent job positions; classify as clerk for civil servants assigned to clerk job positions.

3. Classification of civil servants according to job positions in provincial specialized agencies and village specialized agencies

a) Classify as senior specialist and equivalent for heads and deputy heads of provincial specialized agencies;

b) Classify as chief specialist and equivalent for:

Deputy heads of provincial specialized agencies; heads and deputies of organizations within the organizational structure of provincial specialized agencies; civil servants of provincial specialized agencies assigned to chief specialist and equivalent job positions.

Heads and deputy heads of village specialized agencies.

c) Classify as specialist and equivalent for civil servants assigned to specialist and equivalent job positions; classify as cadet and equivalent for civil servants assigned to cadet and equivalent job positions.

Chapter III

AUTHORITY, RESPONSIBILITY FOR MANAGEMENT AND DECISION ON JOB POSITIONS

Article 10. Authority and responsibility of the Ministry of Home Affairs

1. Submit to the Government for promulgation of legal normative documents on job positions and the ratio of civil servants arranged according to job positions.

2. Aggregate job positions and the arrangement of civil servants according to job positions in ministries, central agencies, and localities to report to the Government and the Prime Minister.

3. Guide, urge, and inspect the implementation of legal provisions on job positions and the ratio of civil servants arranged according to job positions in ministries, central agencies, and localities.

4. Take the lead and coordinate with sectoral management ministries to propose changes to the job position framework in cases where there are changes in the functions and tasks of state administration in sectors and fields as prescribed by the competent authority.

Article 11. Authority and responsibility of ministries and provincial People's Committees

1. Direct subordinate agencies and organizations to determine job positions, develop job descriptions and competency frameworks for job positions, and implement the arrangement of civil servants according to job positions of their agencies and organizations as prescribed in this Decree.

2. Approve, adjust, or delegate approval and adjustment of job positions and the ratio of civil servants arranged according to job positions of subordinate agencies and organizations.

3. Inspect the compliance with regulations on job positions and the ratio of civil servants arranged according to job positions in subordinate agencies and organizations.

4. Resolve complaints and handle violations related to job positions and the ratio of civil servants arranged according to job positions in subordinate agencies and organizations in accordance with the law.

5. Regularly or urgently report the results of implementation, difficulties, and obstacles to the Ministry of Home Affairs for monitoring and reporting to the Government and the Prime Minister. Update information and data on job positions and the ratio of civil servants arranged according to job positions of subordinate agencies and organizations into the National Database on Cadres, Civil Servants, and Public Officials as prescribed by law.

Article 12. Authority and responsibilities of the agency employing civil servants

1. Shall be responsible for determining job positions, drafting job descriptions and competency frameworks for job positions to be used within their own agencies and organizations.

2. Shall implement the allocation of civil servants under their management to job positions in accordance with the approved ratios and as stipulated in this Decree.

3. Shall approve and adjust job positions and the ratio of civil servants allocated to job positions of agencies and organizations under their management according to the分级任务如下：

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Effective Date

1. This Decree shall take effect from the date of issuance.

2. From the date this Decree takes effect, the provisions related to civil servant job positions in Government Decree No. 62/2020/NĐ-CP dated June 1, 2020 on job positions and civil servant staffing quotas shall cease to be effective.

3. In cases where the competent authority issues regulations on cadre work that differ from the provisions of this Decree, they shall be implemented according to the new regulations of the competent authority.

Article 14. Transitional Provisions and Application

1. By no later than July 1, 2026, ministries, sectors, central agencies, provincial People's Committees, Offices of Delegations of the National Assembly and People's Councils at the provincial level must direct the implementation and issue decisions approving job positions of agencies and organizations under their management in accordance with this Decree to replace previously issued decisions on job positions. During the period when the competent authority has not yet issued a decision approving job positions in accordance with this Decree, previously issued decisions on job positions will continue to be applied.

2. By no later than July 1, 2027, ministries, sectors, central agencies, localities must complete the allocation to job positions and classification corresponding to job positions for civil servants recruited before July 1, 2025 under their management. The allocation to job positions and corresponding classification shall be carried out as follows:

a) Allocation to senior specialist positions and equivalent positions for civil servants currently holding senior specialist ranks and equivalent ranks;

b) Allocation to chief specialist positions and equivalent positions for civil servants currently holding chief specialist ranks and equivalent ranks;

c) Allocation to specialist positions and equivalent positions for civil servants currently holding specialist ranks and equivalent ranks;

d) Allocation to staff positions and equivalent positions for civil servants currently holding staff ranks and equivalent ranks;

e) Allocation to clerk positions for civil servants currently holding clerk ranks.

After allocation to job positions and corresponding classification, if the employing agency has an actual number exceeding the ratio prescribed in this Decree, the competent authority shall implement reorganization and allocation to ensure compliance with the prescribed ratio after July 1, 2027. During this period, changes in job positions involving promotion of civil servants' ranks based on professional and vocational levels from lower to higher shall not be made for positions that exceed the prescribed ratio.

Article 15. Responsibility for Implementation

The Minister, Head of a ministry-level agency, head of an organization established by the Government or the Prime Minister which is not a public service unit (in cases where they are granted authority to manage civil servants), Chairmen of Provincial People's Committees, central agencies, organizations, and individuals concerned shall be responsible for implementing this Decree.