Law Amending and Supplementing Certain Articles of the Civil Servant Law and the Public Officer Law No. 52/2019/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE PUBLIC OFFICERS LAW AND THE CIVIL SERVANTS LAW

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts this Law to amend and supplement certain articles of the Public Officers Law No. 22/2008/QH12 and the Civil Servants Law No. 58/2010/QH12.

Article 1. Amendments and supplements to certain articles of the Public Officers Law

3. Amending and supplementing Clause 5 of Article 4 as follows:

“2. A public officer is a Vietnamese citizen who is recruited and appointed to a rank, position, or title corresponding to a job position within the Party organizations of Vietnam, State agencies, political-social organizations at central, provincial, and district levels; within units of the People's Army that are not officers, professional military personnel, or defense workers; within units of the People's Police that are not police officers serving under a professional system, police workers, and within the state budget payroll.”

2. Amending and supplementing Article 6 as follows:

“Article 6. Policy towards talented individuals in public service activities

1. The State has policies for identifying, attracting, utilizing, and rewarding appropriately those with talent.

2. The Government shall prescribe a framework for policies on utilizing and rewarding those with talent in public service activities.

3. Based on the Government’s regulations, the head of the agency specified in points a, b, c, and d of Clause 1, Article 39 of this Law shall decide on the utilization and reward policies for those with talent in public service activities within their agencies, organizations, or units under their management; the Provincial People's Council shall prescribe the utilization and reward policies for those with talent in public service activities within the agencies, organizations, or units managed by the province.”

3. Amend and supplement Article 29 as follows:

“Article 29. Classification of Cadres' Quality

1. Based on evaluation results, cadres are classified according to the following quality levels:

a) Outstanding performance;

b) Good performance;

c) Satisfactory performance;

d) Unsatisfactory performance.

2. The classification results of cadres’ quality shall be recorded in the cadre file, notified to the evaluated cadres, and publicly announced within the agency, organization, or unit where the cadres work.

3. Agencies and organizations with authority may dismiss or relieve from duty cadres who have been classified as unsatisfactory for two consecutive years.”

4. Amend and supplement Clause 1 of Article 34 as follows:

“1. Based on the field, profession, specialty, and expertise, civil servants are classified into the following civil servant ranks:

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

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

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

d) Class D includes those appointed to the Staff rank or equivalent and the Clerk rank;

e) For the civil servant ranks prescribed in point e of Clause 1, Article 42 of this Law, the regulations of the Government shall apply.”

5. Amend and supplement Article 37 as follows:

“

Article 37. Methods of recruiting civil servants

1. Recruitment of civil servants is conducted through competitive examinations or selection, except in cases stipulated in Clause 3 of this Article.

The form and content of competitive examinations and selections for civil servants must be appropriate to the requirements of job positions in each field and profession, ensuring the selection of individuals with moral character, qualifications, and capabilities.

2. Recruitment of civil servants through selection is carried out based on the decision of the competent authority responsible for recruiting civil servants for the following groups:

a) Commitment to work for five years or more in areas with extremely difficult socio-economic conditions;

b) Individuals studying under the quota system as prescribed by the Education Law, returning to work in the locality where they were sent to study after graduation;

c) Outstanding graduates and young talented scientists.

3. In addition to recruitment through competitive examinations and selections, the head of the civil service management agency decides to accept individuals meeting the standards and conditions of the job position to become civil servants in the following cases:

a) Civil servants working in public service units;

b) Cadres and civil servants at commune level;

c) Individuals receiving salaries in the people's armed forces, working in confidential organizations but not as civil servants;

d) Acceptance to appoint as civil servants holding leadership and management positions for individuals currently serving as Chairmen of the Board of Members, Chairmen of the Board of Directors, Chairmen of companies, Members of the Board of Members, Members of the Board of Directors, Supervisors, General Managers, Deputy General Managers, Directors, Deputy Directors, Chief Accountants, and other managerial positions as prescribed by the Government in state-owned enterprises and enterprises in which the State holds over 50% of the charter capital; the accepted individual must be planned for appointment to the position or an equivalent position;

e) Individuals who were previously cadres or civil servants and were subsequently transferred or rotated to non-cadre or non-civil servant positions in other agencies or organizations by competent authorities.

4. Cases stipulated in Clause 3 of this Article may be considered for acceptance as civil servants if they are not within the disciplinary penalty period and are not during the implementation period of related disciplinary provisions as prescribed in Article 82 of this Law; cases stipulated in points a, b, c, and d of Clause 3 of this Article must also have at least five years of work experience relevant to the field of acceptance.

5. The Government shall specify detailed regulations for this Article.

6. Amend and supplement Article 39 as follows:

“

文本翻译任务已经按照要求逐行完成，每行都保留了原文的编号和格式。

确保所有专有名词、法律术语以及数字等信息均准确无误地进行了翻译。

法律语言的专业性和正式性得到了保持，没有添加任何解释或个人理解。

b) The National Assembly Office, the President's Office shall carry out recruitment of civil servants within their managed agencies and units;

c) Ministries, ministerial-level agencies, agencies under the Government, organizations established by the Government or the Prime Minister that are not public service units shall carry out recruitment and delegate recruitment of civil servants within their managed agencies, organizations, and units;

d) Provincial People's Committees shall carry out recruitment and delegate recruitment of civil servants within their managed agencies, organizations, and units;

đ) Agencies of the Communist Party of Vietnam, central agencies of the Vietnam Fatherland Front, political-social organizations shall carry out recruitment and delegate recruitment of civil servants within their managed agencies, organizations, and units.

2. Quality control for incoming civil servants shall be implemented except for cases stipulated in Clause 2 and Clause 3 of Article 37 of this Law. The quality control for incoming civil servants shall be carried out according to a roadmap, ensuring transparency, practicality, and effectiveness.

3. The Government shall provide detailed regulations on Clause 2 of this Article.”

7. Add Point e following Point đ of Clause 1 of Article 42 as follows:

“e) Other ranks as prescribed by the Government.”

8. Amend and supplement Article 44 as follows:

“

Article 44. Promotion of civil servant ranks

1. Promotion of civil servant ranks must be based on job positions, consistent with the rank structure of the agency, organization, or unit, and shall be carried out through promotion examinations or promotion reviews.

2. Civil servants who meet the criteria and conditions to assume job positions corresponding to higher ranks may register to participate in promotion examinations or promotion reviews.

3. Promotion examinations and promotion reviews must ensure principles of competition, transparency, objectivity, and compliance with the law.

4. Civil servants who pass the promotion examination or promotion review shall be appointed to higher civil servant ranks and considered for placement in corresponding job positions.”

9. Amend and supplement Article 45 as follows:

“

Article 45. Criteria and Conditions for Registering for Promotion Examinations and Promotion Reviews of Civil Servants

1. Civil servants registering for promotion examinations must meet the following criteria and conditions:

a) They must have been rated at least as having satisfactorily completed their tasks in the year immediately preceding the year of the promotion examination; they must have good political qualities, moral integrity; they must not be within the period of disciplinary action or implementation of related disciplinary provisions as stipulated in Article 82 of this Law;

b) They must possess the capacity and professional qualifications necessary to assume job positions corresponding to higher civil servant ranks within the same field of expertise than the current held rank;

c) They must meet the requirements regarding academic degrees and certificates for the civil servant rank registered for the examination;

d) They must meet the minimum working time requirement for each civil servant rank.

2. Civil servants who meet the criteria and conditions specified in Points a, b, and c of Clause 1 of this Article shall be eligible for promotion review in the following cases:

a) Achieving outstanding results in public service activities during the current civil servant rank, recognized by the competent authority;

b) Being appointed to a leadership or management position that requires such qualifications.

3. The Government shall provide detailed regulations on this matter.”.

10. Amend and supplement Article 46 as follows:

“Article 46. Organization of Promotion Examinations and Promotion Reviews of Civil Servants

1. The content and form of promotion examinations and promotion reviews of civil servants must be appropriate to the professional requirements of the rank, ensuring the selection of civil servants with the capacity and professional qualifications according to the standards of the rank and meeting the job requirements.

2. The Government shall prescribe the authority to organize promotion examinations and promotion reviews of civil servants in accordance with the分级任务如下：

11. Amend and supplement Article 56 as follows:

"Article 56. Contents of civil servant evaluation

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

a) Compliance with Party guidelines, policies, State laws, and regulations of agencies, organizations, and units;

b) Political qualities, ethics, lifestyle, work style, and working habits;

c) Competence and professional qualifications;

d) Results of performing tasks as prescribed by law, according to plans set forth, or specific tasks assigned; progress and quality of task performance. The evaluation of task results must be linked to job positions and reflected through specific work and products;

đ) Spirit of responsibility and cooperation in task execution;

e) Attitude towards serving the people and businesses for positions directly interacting with or directly handling citizens' and businesses' affairs.

2. In addition to the contents stipulated in Clause 1 of this Article, civil servants holding leadership and management positions shall also be evaluated based on the following contents:

a) Work plans and operational results of the agency, organization, or unit they lead and manage; the evaluation of individual task results must be linked to the operational results of the agency, organization, or unit they directly oversee. The quality ranking of individuals cannot be higher than that of the agency, organization, or unit they directly oversee;

b) Progress and quality of assigned tasks;

c) Leadership and management capabilities;

d) Ability to unite and build solidarity.

3. The timing for evaluating civil servants shall be carried out as follows:

a) Annual evaluations; evaluations before considering salary grade advancement, early salary increase, appointment, reappointment, planning, and transfer; evaluations before the end of rotation or detail assignments;

b) Based on the management requirements of the agency, organization, or unit, the head of the agency with authority to manage civil servants may conduct evaluations quarterly, monthly, or weekly, depending on the nature of work of their own agency, organization, or unit, ensuring transparency, democracy, objectivity, and quantification through specific results and products; the evaluation results serve as the basis for implementing the evaluations specified in Point a of this Clause.

4. Based on the provisions of Clauses 1, 2, and 3 of this Article, the heads of agencies, organizations, and units employing civil servants shall issue regulations on civil servant evaluation for their respective agencies, organizations, and units.

5. The Government shall specify detailed regulations for this Article.

12. Amend and supplement Article 58 as follows:

"Article 58. Quality Ranking of Civil Servants

1. On the basis of the evaluation results, civil servants are classified according to the following levels:

a) Outstanding performance;

b) Good performance;

c) Satisfactory performance;

d) Unsatisfactory performance.

2. The classification results of civil servants are recorded in their personnel files, notified to the evaluated civil servants, and publicly announced within the agency, organization, or unit where they work.

3. The handling of civil servants who fail to complete their tasks is regulated as follows:

a) The competent agency, organization, or unit shall terminate the employment of civil servants who have been classified at the level of failing to complete their tasks for two consecutive years;

b) Civil servants holding leadership or management positions who have been classified at the level of failing to complete their tasks during two non-consecutive years within their term of appointment shall be reassigned to other positions or not reappointed;

c) Civil servants not holding leadership or management positions who have been classified at the level of failing to complete their tasks for two non-consecutive years out of three years in their current position shall be reassigned to a position with lower requirements.”

13. Amend and supplement point a of Clause 3 of Article 61 as follows:

“a) Chief of Public Security (applicable to communes and towns that have not organized regular public security forces as prescribed by the Law on People's Police No. 37/2018/QH14);”

14. Amend and supplement Clause 3 of Article 78 as follows:

“3. A cadre convicted of a crime by the Court and whose judgment or decision has become legally effective shall automatically cease to hold the position elected, approved, or appointed; if sentenced to imprisonment without suspended sentence or convicted of corruption, they shall automatically be dismissed from service as of the date the judgment or decision becomes legally effective.”

15. Amend and supplement Article 79 as follows:

“Article 79. Disciplinary measures against civil servants

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

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

c) Demotion in rank;

d) Dismissal from office;

e) Compulsory termination of employment.

2. The disciplinary measures of demotion and dismissal from office shall only apply to civil servants holding leadership or management positions; the disciplinary measure of reduction in pay grade shall only apply to civil servants not holding leadership or management positions.

3. Civil servants sentenced to imprisonment without suspended sentence or convicted of corruption shall automatically be dismissed from service as of the date the judgment or decision becomes legally effective; civil servants holding leadership or management positions who are convicted of a crime and whose judgment or decision has become legally effective shall automatically cease to hold the position appointed.”

4. The Government shall provide detailed regulations for this Article.”

16. Amend and supplement Article 80 as follows:

“Article 80. Time limit for disciplinary action

1. The time limit for disciplinary action is the period during which, upon expiration of such period, cadres and civil servants committing violations will not be subject to disciplinary action. The time limit for disciplinary action is calculated from the date of the violation.

Except for cases provided for in Clause 2 of this Article, the time limit for disciplinary action is as follows:

a) Two years for minor violations requiring disciplinary action in the form of reprimand;

b) Five years for violations not falling under the case provided for in point a of this clause.

2. For the following violations, the time limit for disciplinary action shall not be applied:

a) Civil servants who are Party members committing violations that require disciplinary action in the form of expulsion;

b) Committing violations concerning internal political security work;

c) Acts harming national interests in defense, security, and foreign affairs.

d) Using fake or illegal certificates, diplomas, or certificates of confirmation.

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

The time limit for disciplinary action shall not exceed ninety days; in cases where the circumstances are complex and require additional investigation and verification, the time limit for disciplinary action may be extended but shall not exceed one hundred and fifty days.

4. In cases where individuals have been indicted, prosecuted, or decided to be put on trial under criminal proceedings but later have a decision to discontinue the investigation or the case, and the violation indicates disciplinary action, they shall be subject to disciplinary action. The time spent on investigation, prosecution, and trial under criminal proceedings shall not be counted towards the time limit for disciplinary action. Within three working days from the date of the decision to discontinue the investigation or the case, the person issuing the decision must send the decision and related documents to the competent authority responsible for disciplinary action.”

17. Amend and supplement Clause 2 and Clause 3 of Article 82 as follows:

“2. Cadres and civil servants who are disciplined shall be handled as follows:

a) In cases of being disciplined with reprimand, warning, or reduction in pay grade, they shall not be promoted to higher ranks, included in planning, trained, or appointed to higher positions for twelve months from the date the disciplinary decision becomes effective;

b) In cases of being disciplined with demotion or dismissal from office, they shall not be promoted to higher ranks, included in planning, trained, or appointed for twenty-four months from the date the disciplinary decision becomes effective;

c) After the period specified in points a and b of this clause, if cadres and civil servants do not violate to the extent requiring disciplinary action, they shall continue to be promoted to higher ranks, included in planning, trained, or appointed according to the provisions of the law.

3. Cadres and civil servants during the time limit for disciplinary action, under investigation, prosecution, or trial shall not be nominated, appointed, transferred, rotated, detailed, trained, or dismissed.”

18. Amend and supplement Article 84 as follows:

“Article 84. Application of the Civil Servant Law to Other Subjects

1. The Party Central Committee, the Standing Committee of the National Assembly, and the Government shall specify the application of this Law to persons elected but not covered by the provisions of Clause 1 of Article 4 of this Law; the allowance system for persons who have retired but are elected to hold positions or titles of cadres.

2. The Party Central Committee and the Government shall specify the application of this Law to persons working in political-social organizations, social organizations, or social-professional organizations.

3. The Government shall provide detailed regulations on the implementation of the civil servant system for persons working in the leadership and management bodies of public institutions directly under the Party Central Committee, State agencies, central-level political-social organizations, provincial-level, and district-level organizations funded by the state budget for regular expenses and investment activities serving political tasks and state administration.”

4. The Government shall prescribe the framework for the number, regime, and policies for persons working on a non-professional basis at the commune level; management and usage regimes for the leadership and management workforce in state-owned enterprises and enterprises in which the State holds more than 50% of the charter capital.

5. The handling of violations committed during the period of service by civil servants who have retired or left their jobs shall be regulated as follows:

a) All violations committed during the period of service by civil servants who have retired or left their jobs shall be handled according to the provisions of the law.

Depending on the nature and severity of the violation, the person committing the violation may be criminally prosecuted, administratively sanctioned, or disciplined;

b) Civil servants who are found to have committed violations during their period of service after they have retired or left their jobs must bear one of the disciplinary forms of reprimand, warning, or removal from the position they held, depending on the nature and degree of the violation, with corresponding legal consequences based on the form of disciplinary action.

The disciplinary handling of civil servants who have retired or left their jobs and committed violations during their period of service before July 1, 2020 shall be carried out according to the provisions of this Law.

The Government shall provide detailed regulations for this clause.”

19. Amend and supplement Article 85 as follows:

"Article 85. Transitional Provisions

A person holding a leadership or management position in a public institution who is determined to be a civil servant under the Civil Servants Law No. 22/2008/QH12 and detailed regulations and guiding documents thereof, but is not considered a civil servant under this Law and does not fall within the cases stipulated in Clause 3 of Article 84 of this Law, shall continue to implement the regime, policies, and apply the provisions of the law on civil servants until the end of the term of office currently held."

20. Replace certain phrases in Articles, Clauses, and Points as follows:

a) Replace the phrase "classification" with the phrase "quality ranking" in Clause 4 of Article 5 and Article 64;

b) Replace the phrase "Law on the Organization of People's Councils and People's Committees" with the phrase "Law on Local Administration Organization" in Clause 2 of Article 21, Article 24, and Clause 1 of Article 63;

c) Replace the phrase "Election Law of National Assembly Deputies and Election Law of People's Council Deputies" with the phrase "Election Law of National Assembly Deputies and People's Council Deputies" in Article 24; replace the phrase "Election Law of People's Council Deputies" with the phrase "Election Law of National Assembly Deputies and People's Council Deputies" in Clause 1 of Article 63;

d) Replace the phrase "professional officers and non-commissioned officers" with the phrase "officers and non-commissioned officers serving under the professional system, police workers" in Point d of Clause 1 of Article 32;

đ) Replace the phrase "sent to treatment facilities, educational facilities" with the phrase "sent to compulsory drug rehabilitation centers, compulsory educational facilities" in Point c of Clause 2 of Article 36.

21. Remove certain phrases in Articles and Clauses as follows:

a) Remove the phrase "communes in mountainous areas, border areas, islands, remote areas, ethnic minority areas," in Clause 2 of Article 63;

b) Remove the phrase ", state-owned public institutions" in Clause 4 of Article 66;

c) Remove the phrase ", public institutions of the People's Committee" in Clause 5 of Article 66;

d) Remove the phrase "and public institutions" in Clause 6 of Article 66;

đ) Remove the phrase "public institutions," in Clause 1 of Article 70.

22. Repeal Point c of Clause 1 of Article 32.

Article 2. Amending and supplementing some articles of the Civil Servant Law

1. Amend and supplement Clause 3 of Article 9 as follows:

“3. The Government shall specify criteria for classifying public service units as provided for in Clause 2 of this Article for each field of public services; the conversion of public service units to business models, except for public service units in the healthcare and education sectors; management systems for public service units based on the principle of efficiency and effectiveness.”

2. Amending and supplementing Article 25 as follows:

“Article 25. Types of employment contracts

1. A fixed-term employment contract is a contract in which both parties determine the duration and the date of termination of the contract within a period from twelve months to sixty months.

Fixed-term employment contracts apply to civil servants recruited from July 1, 2020, except in cases provided for in points b and c of Clause 2 of this Article.

2. An indefinite-term employment contract is a contract in which both parties do not determine the duration and the date of termination of the contract. Indefinite-term employment contracts apply in the following cases:

a) Civil servants recruited before July 1, 2020;

b) Cadres and civil servants transferred to become civil servants as provided for in point b of Clause 1 of Article 58 of this Law;

c) Persons recruited as civil servants working in areas with extremely difficult socio-economic conditions.

3. The Government shall provide detailed regulations on this matter.”.

3. Amending and supplementing Clause 2 of Article 28 as follows:

“2. For fixed-term employment contracts, sixty days before the expiration of the employment contract, the head of the public service unit shall sign a new contract or terminate the contract with the civil servant.

If the public service unit still has a need and the civil servant meets all requirements under the law, the head of the public service unit must sign a new contract with the civil servant.

If the contract is not renewed, the head of the public service unit must provide a written explanation.”

4. Supplementing point e after point đ of Clause 1 of Article 29 as follows:

“e) The civil servant does not meet the requirements after the probationary period.”

5. Amending and supplementing Article 41 as follows:

“Article 41. Contents of civil servant evaluation

1. The evaluation of civil servants shall be considered based on the following contents:

a) Compliance with Party guidelines, policies, State laws, and regulations of agencies, organizations, and units;

b) Results of performing work or tasks according to signed employment contracts, plans, or specific tasks assigned; progress and quality of task completion. Evaluation of task results must be linked to job positions and demonstrated through specific work or products;

c) Compliance with professional ethics regulations;

d) Sense of responsibility, attitude towards serving the people, cooperation spirit with colleagues, and compliance with civil servant conduct rules;

đ) Compliance with other obligations of civil servants.

2. In addition to the contents stipulated in Clause 1 of this Article, managerial civil servants shall also be evaluated based on the following contents:

a) Management, leadership, and organizational implementation capabilities;

b) Annual, quarterly, monthly work plans and results of the agencies, organizations, or units they manage; individual performance evaluations must be linked to the results of the agencies, organizations, or units they directly oversee. The quality ranking of individuals cannot be higher than that of the agencies, organizations, or units they directly oversee.

3. The evaluation of civil servants shall be conducted as follows:

a) Annual evaluations; evaluations before the end of the probationary period, signing new employment contracts, changing job positions; evaluations before considering rewards, disciplinary actions, appointments, reappointments, or planning;

b) Based on the characteristics of the work of the agency, organization, or unit, the person in charge of the agency with authority to manage civil servants shall issue or delegate the heads of agencies or organizations directly using civil servants to issue regulations on evaluating civil servants quarterly, monthly, or weekly, consistent with the characteristics of their work, ensuring transparency, democracy, objectivity, and quantification through specific results or products; evaluation results serve as the basis for conducting evaluations as stipulated in point a of this clause.

4. The Government shall provide detailed regulations for this Article.”

6. Amending and supplementing Clause 1 of Article 45 as follows:

“1. Civil servants shall be entitled to severance pay, unemployment benefits, or unemployment insurance benefits as prescribed by labor laws and social insurance laws when a public service unit unilaterally terminates an employment contract with a civil servant at the end of the contract term but the employer does not renew the contract, or when the civil servant unilaterally terminates the contract due to illness or accidents as prescribed in Clause 4 of Article 29 or unilaterally terminates the contract as prescribed in Clause 5 of Article 29 of this Law, except in cases provided for in Clause 2 of this Article.”

7. Amending and supplementing Article 53 as follows:

“Article 53. Time Limit and Duration for Disciplinary Actions

1. The time limit for disciplinary actions is the period during which, if exceeded, a civil servant who commits a violation will not be subject to disciplinary action. The time limit for disciplinary actions starts from the date of the violation.

Except for cases provided for in Clause 2 of this Article, the time limit for disciplinary action is as follows:

a) Two years for minor violations requiring disciplinary action in the form of reprimand;

b) Five years for violations not falling under the case provided for in point a of this clause.

2. For the following violations, the time limit for disciplinary action shall not be applied:

a) A civil servant who is a party member committing a violation that requires disciplinary action in the form of expulsion;

b) Committing violations concerning internal political security work;

c) Acts harming national interests in defense, security, and foreign affairs.

d) Using fake or illegal certificates, diplomas, or certificates of confirmation.

3. The duration for disciplinary actions against civil servants is the period from the discovery of the violation to the issuance of a disciplinary decision by the competent authority.

The time limit for disciplinary action shall not exceed ninety days; in cases where the circumstances are complex and require additional investigation and verification, the time limit for disciplinary action may be extended but shall not exceed one hundred and fifty days.

4. If a civil servant has been indicted, prosecuted, or had a decision made to bring them to trial under criminal procedures but later a decision was made to suspend investigation or close the case, and the violation indicates a disciplinary offense, they will be subject to disciplinary action. The time spent on investigation, prosecution, and trial under criminal procedures will not be counted in the duration for disciplinary actions. Within three working days from the date of issuing the decision to suspend investigation or close the case, the issuer must send the decision and related documents to the agency, organization, or unit managing the civil servant for disciplinary consideration.”

8. Amending and supplementing Clause 2 and Clause 3 of Article 56 as follows:

“2. Civil servants who are disciplined shall be handled as follows:

a) In cases where disciplinary measures are imposed in the form of reprimand or warning, the planning, training, development, and promotion to higher positions shall not be carried out within a period of twelve months from the date the disciplinary decision takes effect;

b) In cases where disciplinary measures are imposed in the form of removal from office, the planning, training, development, and promotion shall not be carried out within a period of twenty-four months from the date the disciplinary decision takes effect.

3. Civil servants who are within the disciplinary action period, under investigation, prosecution, or trial shall not be appointed, assigned, trained, developed, or dismissed.

9. Amend and supplement Clause 1 of Article 58 as follows:

“1. The conversion between civil servants and public officials shall be implemented as follows:

a) The recruitment of civil servants to become public officials must be conducted in accordance with the laws on public officials;

b) Public officials may be transferred to become civil servants at state-owned institutions when they meet the conditions stipulated by this Law;

c) Contributions and working periods of civil servants before being converted to public officials and vice versa shall be considered when implementing matters related to training, development, rewards, and other benefits.”

10. Supplement Clause 2a following Clause 2 of Article 59 as follows:

“2a. Civil servants recruited before July 1, 2020 but have not yet signed an indefinite-term employment contract shall continue to implement the existing employment contract; upon completion of the term of the existing employment contract, they may sign an indefinite-term employment contract if they meet all requirements stipulated by the law.”

11. Amend and supplement Article 60 as follows:

“Article 60. Application of the Civil Servant Law to Other Subjects

1. The Government shall specify the application of the Civil Servant Law to individuals working in social-political organizations, social organizations, social-professional organizations, state-owned institutions, state-owned enterprises, and enterprises in which the State holds more than fifty percent of the charter capital.

2. The Government shall specify the handling of disciplinary actions against civil servants after their retirement or resignation, when violations are discovered during their tenure.

Disciplinary actions against civil servants who have retired or resigned and committed violations during their tenure prior to July 1, 2020 shall be handled in accordance with the provisions of this Law.”

12. Replace certain phrases in articles, clauses, and points as follows:

a) Replace the phrase "sent to medical facilities, educational facilities, or juvenile detention centers" with "sent to compulsory drug rehabilitation centers, compulsory educational facilities, or juvenile detention centers" at Point b, Clause 2, Article 22;

b) Replace the phrase "classification and evaluation" with "quality ranking" at Point a, Clause 1, Article 29; replace the phrase "classification and evaluation" and the word "classification" with "quality ranking" at Article 42; replace the word "classification" with "quality ranking" at Article 44.

13. Remove certain phrases in articles and clauses as follows:

a) Remove the phrase "but not public officials" at Clause 1, Article 3;

b) Remove the phrase "appointed by competent authorities to hold positions defined by law as public officials at state-owned institutions or" at Clause 5, Article 28.

Article 3. Effectiveness

This Law shall take effect from July 1, 2020.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the fourteenth session, eighth meeting, on November 25, 2019.