Law on Public Officials No. 58/2010/QH12

LAW

Civil Servants

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/QH10,

The National Assembly promulgates the Public Servants Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on civil servants; rights and obligations of civil servants; recruitment, utilization, and management of civil servants in public service units.

Article 2. Civil Servants

A civil servant is a Vietnamese citizen recruited for a job position, working at a public service unit under a labor contract system, receiving salary from the public service unit's wage fund in accordance with the law.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Managing public servants is a person appointed to hold a managerial position with a term of office, responsible for managing and organizing the implementation of one or several tasks in a public service unit but not being a civil servant and receiving a managerial position allowance.

2. Professional ethics are standards of perception and behavior appropriate to the specific characteristics of each professional field as prescribed by competent authorities.

3. Conduct rules are the conduct norms of civil servants in performing their duties and in social relations issued by state agencies with competent authority, suitable to the specific nature of work in each professional field and made public for the people to supervise compliance.

4. Recruitment is the selection of individuals with moral qualities, qualifications, and capabilities to become civil servants in public service units.

5. Labor Contract is a written agreement between a civil servant or a person recruited as a civil servant and the head of a public service unit regarding the job position, salary, benefits, working conditions, and rights and obligations of each party.

Article 4. Professional Activities of Civil Servants

The professional activities of civil servants are the performance of tasks or responsibilities requiring professional qualifications, skills, and expertise in public service units as stipulated by this Law and other relevant laws.

Article 5. Principles in Professional Activities of Civil Servants

1. Compliance with the law and accountability before the law during the process of performing professional activities.

2. Diligent service to the people.

3. Adherence to professional procedures, regulations, professional ethics, and conduct rules.

4. Subject to inspection, examination, and supervision by competent authorities and the people.

Article 6. Principles of Civil Servant Management

1. Ensuring the leadership of the Communist Party of Vietnam and unified management by the State.

2. Ensuring autonomy and emphasizing the responsibility of the heads of public service units.

3. Recruitment, utilization, management, and evaluation of civil servants shall be based on occupational title standards, job positions, and labor contracts.

4. Implementing gender equality and preferential policies of the State for talented civil servants, ethnic minority civil servants, civil servants who have rendered meritorious services to the revolution, civil servants working in mountainous areas, border regions, islands, remote areas, ethnic minority regions, and regions with particularly difficult socio-economic conditions, and other preferential policies of the State for civil servants.

Article 7. Job Positions

1. A job position is a task or responsibility associated with an occupational title or managerial position, serving as the basis for determining the number of employees, the structure of civil servants for recruitment, utilization, and management of civil servants in public service units.

2. The Government shall prescribe principles, methods for determining job positions, authority, procedures, and formalities for deciding the number of job positions in public service units.

Article 8. Professional Title

1. A professional title is a name that reflects the level of expertise and professional capacity of civil servants in each field of profession.

2. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and ministerial-level agencies to establish the system of catalogues, standards, and code numbers for professional titles.

Article 9. Public Service Units and Management Structure of Public Service Units

1. A public service unit is an organization established by state authorities, political organizations, or socio-political organizations in accordance with the law, possessing legal personality, providing public services, and serving state management.

2. Public service units include:

a) Public service units granted full autonomy in performing tasks, finance, organizational structure, and personnel (hereinafter referred to as public service units granted autonomy);

b) Public service units not yet granted full autonomy in performing tasks, finance, organizational structure, and personnel (hereinafter referred to as public service units not granted autonomy).

3. The Government shall specify detailed criteria for classifying public service units as stipulated in Clause 2 of this Article, based on the degree of autonomy in performing tasks, finance, organizational structure, and personnel, and the scope of activities of public service units, for each sector.

4. Based on specific conditions and management requirements for each type of public service unit in each sector, the Government shall prescribe regulations on the establishment, functional structure, duties, and powers of the Management Board in public service units, as well as the relationship between the Management Board and the head of the public service unit.

Article 10. Policies for Building and Developing Public Service Units and Civil Servant Workforces

1. The State focuses on building a system of public service units to provide public services that the State must primarily ensure, serving the people in healthcare, education, science, and other sectors where the non-state sector cannot adequately meet the needs; ensuring basic healthcare and educational services in mountainous areas, border regions, islands, remote areas, ethnic minority regions, and regions with particularly difficult economic and social conditions.

2. The Government shall coordinate with competent authorities to direct the planning, organization, and restructuring of the system of public service units towards defining restricted fields and prioritized fields for development, ensuring efficient use of resources to improve the quality of public service activities. No public service unit shall be organized solely for business operations and profit-making.

3. Continue to reform the operational mechanism of public service units towards greater autonomy, self-responsibility, independent accounting; separating the state management function of ministries and ministerial-level agencies from the operational function of public service units.

4. The State shall have policies to build and develop a workforce of civil servants with professional ethics, expertise, and capacity to meet the increasingly high demands of the public service sector; identifying, attracting, training, valuing, and rewarding those with talent to enhance the quality of service to the people.

Chapter II

RIGHTS AND OBLIGATIONS OF CIVIL SERVANTS

Section 1

RIGHTS OF OFFICIALS

Article 11. Rights of Officials in Professional Activities

1. To be protected by law in professional activities.

2. To be trained and further educated to improve political, professional, and vocational competence.

3. Having equipment and working conditions guaranteed;

4. Being provided with information related to assigned work or tasks;

5. Deciding on matters of a professional nature related to assigned work or tasks;

6. To refuse to perform work or tasks contrary to the provisions of the law.

7. To enjoy other rights related to professional activities as prescribed by law.

Article 12. Rights of civil servants regarding salary and related benefits

1. To be paid a salary commensurate with their job position, occupational title, managerial position, and the results of assigned tasks; to enjoy allowances and preferential policies when working in mountainous areas, border regions, islands, remote areas, ethnic minority regions, areas with particularly difficult socio-economic conditions, or in occupations with hazardous environments or special public service fields.

2. To receive overtime pay, night shift pay, travel expenses, and other benefits as prescribed by law and the regulations of state-owned public institutions.

3. To receive bonuses and to be considered for salary increases as prescribed by law and the regulations of state-owned public institutions.

Article 13. Rights of civil servants regarding rest

1. To take annual leave, holidays, and personal leave as prescribed by labor laws. If work requirements prevent them from using or fully utilizing their annual leave, they shall be compensated for those unused days.

2. Civil servants working in mountainous areas, border regions, islands, remote areas, or in other special cases, if requested, may combine their vacation days from two years to take a single leave period; combining vacation days from three years requires approval from the head of the state-owned public institution.

3. In special public service fields, civil servants are entitled to take leave and receive salary as prescribed by law.

4. To take unpaid leave for legitimate reasons with the consent of the head of the state-owned public institution.

Article 14. Rights of civil servants regarding business activities and work outside designated hours

1. To engage in professional activities outside the working hours stipulated in their employment contracts, except where otherwise provided by law.

2. To enter into ad hoc contracts with other agencies, organizations, or units not prohibited by law, provided that they complete their assigned tasks and obtain the consent of the head of the state-owned public institution.

3. To invest capital but not participate in management or operation of limited liability companies, joint-stock companies, partnerships, cooperatives, private hospitals, private schools, and private research organizations, except where otherwise provided by specialized laws.

Article 15. Other rights of civil servants

Civil servants are entitled to awards, honors, participation in economic and social activities; to enjoy preferential housing policies; and to be provided opportunities for domestic and international training and professional activities as prescribed by law. In cases of injury or death while performing assigned tasks, they are eligible for disability benefits or recognition as martyrs according to legal provisions.

Section 2

DUTIES OF CIVIL SERVANTS

Article 16. General Obligations of Civil Servants

1. To comply with the guidelines, policies, and laws of the Communist Party of Vietnam and the State.

2. To maintain a healthy lifestyle, honesty, diligence, thrift, integrity, incorruptibility, and impartiality.

3. To have a sense of organizational discipline and responsibility in professional activities; to strictly adhere to the regulations and work rules of state-owned public institutions.

4. To protect state secrets; to safeguard and utilize public assets effectively and economically.

5. Cultivating and refining professional ethics, implementing civil servant conduct rules.

Article 17. Obligations of civil servants in professional activities

1. Perform assigned tasks or duties in accordance with time requirements and quality standards.

2. Cooperate well with colleagues in performing tasks or duties.

3. Comply with work assignments made by authorized persons.

4. Continuously study to improve professional knowledge and skills.

5. When serving the people, civil servants must adhere to the following regulations:

a) Maintain courteous attitudes and respect for the people;

b) Having cooperative spirit and modest demeanor;

c) Not be arrogant, abuse power, create difficulties, or cause inconvenience to the people;

d) Adhering to professional ethics regulations.

6. Bear responsibility for the performance of professional activities.

7. Fulfill other obligations as prescribed by law.

Article 18. Obligations of managerial civil servants

Managerial civil servants shall perform the obligations stipulated in Articles 16 and 17 of this Law and the following obligations:

1. Direct and organize the implementation of unit tasks in accordance with assigned responsibilities and authorities;

2. Promote democracy, maintain unity, and uphold professional ethics within the managed unit;

3. Be responsible or jointly responsible for the performance of professional activities by subordinates under their management;

4. Develop and enhance human resources; manage and utilize facilities and finances effectively within the managed unit;

5. Organize the implementation of measures to prevent corruption and promote thrift and combat waste within the managed unit.

Article 19. Prohibited Actions of Civil Servants

1. Evade responsibility, shirk assigned tasks or duties; form cliques, disrupt unity; leave work without permission; participate in strikes.

2. Misuse assets of agencies, organizations, units, or the people contrary to legal provisions.

3. Discriminate against individuals based on ethnicity, gender, social strata, beliefs, or religion in any form.

4. Exploit professional activities to propagate against Party policies, State laws, or harm traditional customs, cultural life, and spiritual life of the people and society.

5. Insult the honor, dignity, or reputation of others while performing professional activities.

6. Other actions prohibited for civil servants according to the Anti-Corruption Law, the Law on Thrift and Combating Waste, and other relevant legal provisions.

Chapter III

RECRUITMENT AND USE OF CIVIL SERVANTS

Section 1

RECRUITMENT

Article 20. Basis for Recruitment

Recruitment of civil servants must be based on job needs, position requirements, occupational qualifications, and the salary fund of public service units.

Article 21. Principles of Recruitment

1. Ensure transparency, fairness, objectivity, and compliance with the law.

2. Ensure competitiveness.

3. Select candidates who meet the requirements of the position.

4. Emphasize the responsibility of the heads of public service units.

5. Prioritize those with talent, those who have contributed to the revolution, and ethnic minorities.

Article 22. Conditions for Registration to Apply

1. Individuals meeting the following conditions, regardless of ethnicity, gender, social strata, beliefs, or religion, may register to apply for civil servant positions:

a) Hold Vietnamese citizenship and reside in Vietnam;

b) Be at least 18 years old. For certain cultural, artistic, sports fields, the age limit may be lower as prescribed by law, provided there is written consent from a legal representative;

c) Have an application for registration;

d) Have a clear record;

đ) Possess educational certificates, vocational certificates, or demonstrate appropriate skills for the position;

e) Be in good health to perform the job or duty;

g) Meet other conditions required for the position as determined by the public service unit but not contrary to legal provisions.

2. The following individuals are not eligible to register to apply for civil servant positions:

3. In addition to the provisions of Clause 1 and Clause 2 of this Article, forensic examiners in the fields of technology, equipment, machinery, atomic energy, and industrial property (for objects such as inventions, integrated circuit layout designs) must have a bachelor's degree or higher in the following majors:

b) Those currently being investigated for criminal responsibility; those serving criminal court judgments or decisions; those subject to administrative measures involving placement in medical facilities, educational institutions, or juvenile correctional schools.

Article 23. Recruitment Methods

The recruitment of civil servants shall be carried out through competitive examinations or selection processes.

Article 24. Implementation of Recruitment

1. For public service units granted autonomy rights, the head of the public service unit shall implement the recruitment of civil servants and bear responsibility for their decisions.

For public service units not yet granted autonomy rights, the competent authority managing the public service unit shall carry out the recruitment of civil servants or delegate this task to the head of the public service unit.

2. Based on the recruitment results, the head of the public service unit shall enter into a work contract with the successful candidate for the position of civil servant.

3. The Government shall provide detailed regulations on matters related to the recruitment of civil servants as stipulated in this Law.

Section 2

EMPLOYMENT CONTRACTS

Article 25. Types of Work Contracts

1. A fixed-term work contract is a contract in which both parties determine the duration and the termination date of the contract within a period from twelve months to thirty-six months. A fixed-term work contract applies to successful candidates for civil servant positions, except in cases specified in points d and đ of Clause 1, Article 58 of this Law.

2. An indefinite-term work contract is a contract in which both parties do not determine the duration and the termination date of the contract. An indefinite-term work contract applies to situations where a fixed-term work contract has been completed and to cases where officials and civil servants are converted to civil servants as specified in points d and đ of Clause 1, Article 58 of this Law.

Article 26. Content and Form of Work Contracts

1. A work contract shall include the following main contents:

a) Name and address of the public service unit and the head of the public service unit;

b) Full name, address, date of birth of the recruited person;

In case the recruited person is under eighteen years old, the full name, address, and date of birth of the legal representative of the recruited person must also be included;

c) Job duties or tasks, job position, and place of work;

d) Rights and obligations of the parties;

đ) Type of contract, duration, and conditions for terminating the work contract;

e) Salary, bonuses, and other benefits (if applicable);

g) Working hours and rest periods;

h) Probationary period (if applicable);

i) Working conditions and issues related to labor protection;

k) Social insurance and health insurance;

l) Effectiveness of the work contract;

m) Other commitments related to the nature and characteristics of the industry or field and special conditions of the public service unit but not contrary to the provisions of this Law and other relevant laws.

2. A work contract shall be concluded in writing between the head of the public service unit and the recruited person for the position of civil servant, and three copies shall be made, one of which shall be given to the civil servant.

3. For professional positions prescribed by law that are appointed by the superior of the head of the public service unit, prior approval from that level is required before signing the work contract.

Article 27. Probationary Period

1. Successful candidates for civil servant positions must undergo a probationary period, except in cases where they have at least twelve months of experience in specialized or vocational work corresponding to the requirements of the recruited position.

2. The probationary period ranges from three to twelve months and must be specified in the work contract.

3. The Government shall provide detailed regulations on the probationary period.

Article 28. Changing the Content, Renewing, Suspending, and Terminating Employment Contracts

1. During the performance of employment contracts, if one party requests to change the content of the employment contract, they must notify the other party at least three working days in advance. Once agreed upon, the parties shall amend and supplement the relevant content of the employment contract. During the negotiation period, both parties must still comply with the signed employment contract. In case of disagreement, the parties continue to perform the signed employment contract or agree to terminate the employment contract.

2. For fixed-term employment contracts, sixty days before the expiration of the employment contract, the head of the public service unit, based on the unit's needs and the evaluation of the employee's ability to complete tasks, decides to renew or terminate the employment contract for the employee.

3. The suspension of the performance of employment contracts and the termination of employment contracts shall be carried out in accordance with the provisions of labor laws.

4. When an employee transfers to another agency, organization, or unit, the employment contract is terminated and the employee is entitled to the settlement of benefits and policies in accordance with the law.

5. When an employee is appointed by the competent authority to hold a position defined by law as a civil servant in a public service unit or has a decision to retire, the employment contract is automatically terminated.

Article 29. Unilateral Termination of Employment Contracts

1. Public service units may unilaterally terminate employment contracts with employees in the following cases:

a) An employee has been classified and evaluated as not completing their tasks for two consecutive years;

b) An employee is dismissed according to point d, Clause 1, Article 52 and Clause 1, Article 57 of this Law;

c) An employee working under an indefinite-term employment contract has been ill for twelve consecutive months, or an employee working under a fixed-term employment contract has been ill for six consecutive months without recovery. When the employee's health recovers, they will be considered for renewal of the employment contract;

d) Due to natural disasters, fires, or other force majeure circumstances as prescribed by the Government, causing the public service unit to be compelled to reduce its scale, resulting in the job position that the employee holds no longer existing;

đ) When the public service unit ceases operations according to the decision of the competent authority.

2. When unilaterally terminating an employment contract, except for the case stipulated in point b, Clause 1 of this Article, the head of the public service unit must notify the employee at least forty-five days in advance for indefinite-term employment contracts or at least thirty days in advance for fixed-term employment contracts. For employees recruited by the management agency of the public service unit, the unilateral termination of the employment contract by the head of the public service unit must be decided after obtaining written consent from the management agency of the public service unit.

3. The head of the public service unit may not unilaterally terminate employment contracts with employees in the following cases:

a) An employee who is sick, injured, or undergoing treatment for occupational diseases as decided by the medical facility, except for the case stipulated in point c, Clause 1 of this Article;

b) An employee who is on annual leave, personal leave, or other types of leave approved by the head of the public service unit;

c) A female employee during pregnancy, maternity leave, or caring for a child under thirty-six months old, except when the public service unit ceases operations.

4. An employee working under an indefinite-term employment contract has the right to unilaterally terminate the employment contract but must notify the head of the public service unit in writing at least forty-five days in advance; in the case of illness or injury treated for six consecutive months, at least three days in advance.

5. An employee working under a fixed-term employment contract has the right to unilaterally terminate the employment contract in the following cases:

a) Not being assigned to the correct job position or work location, or not having the working conditions agreed upon in the employment contract guaranteed;

b) Not receiving full salary or timely payment as stipulated in the employment contract;

c) Being mistreated or forced labor;

d) Having genuine difficult circumstances that prevent them from continuing to fulfill the contract;

đ) A pregnant female employee must take leave as directed by the medical facility;

e) An employee who has been ill or injured for three consecutive months without recovery.

6. An employee must notify the head of the public service unit in writing about the unilateral termination of the employment contract at least three days in advance for the cases stipulated in points a, b, c, đ, and e of Clause 5 of this Article; at least thirty days in advance for the case stipulated in point d of Clause 5 of this Article.

Article 30. Dispute Resolution Regarding Employment Contracts

Disputes related to the signing, performance, or termination of employment contracts shall be resolved in accordance with the provisions of labor laws.

Section 3

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Article 31. Appointment and Change of Professional Titles

1. The appointment of professional titles for civil servants shall be carried out according to the following principles:

a) Working at a position that corresponds to the professional title appropriate to that position;

b) A person appointed to a professional title must meet the criteria for that professional title.

2. The change of professional titles for civil servants shall be implemented through examinations or evaluations based on the principles of equality, transparency, fairness, objectivity, and compliance with the law.

3. Civil servants may register for examinations or evaluations to change their professional titles if the public institution has a need and meets the conditions and criteria stipulated by law.

4. The Government shall specify the detailed procedures and processes for examinations or evaluations and appointments of professional titles for civil servants, as well as the delegation and classification of responsibilities for organizing examinations or evaluations and appointments of professional titles for civil servants.

Ministries and ministerial-level agencies responsible for managing state administration in areas of civil servant activities shall work with the Ministry of Home Affairs to specify detailed standards for professional titles; examination or evaluation conditions for changing professional titles of civil servants.

Article 32. Change of Position

1. When a public institution has a need, a civil servant may be transferred to a new position if they meet the professional and vocational standards of that position.

2. The selection of civil servants for vacant positions shall be conducted by the head of the public institution or the competent authority managing the public institution according to the principles of equality, transparency, fairness, objectivity, and compliance with the law.

3. When transferring to a new position, the modification or supplementation of the contents of the employment contract or changes in professional titles shall be carried out in accordance with Clause 1 of Article 28 and Article 31 of this Law.

Section 4

TRAINING AND STAFF DEVELOPMENT

Article 33. Training and Development System for Civil Servants

1. Training and development shall be provided to civil servants before being appointed to managerial positions, changing professional titles, or to supplement and update knowledge and skills serving occupational activities.

2. The content, program, form, and duration of training and development for civil servants must be based on the criteria for managerial positions, professional titles, and requirements for supplementing and updating knowledge and skills serving occupational activities.

3. Forms of training and development for civil servants include:

a) Training and development according to managerial position criteria;

b) Development according to professional title criteria;

c) Development aimed at supplementing and updating knowledge and skills serving occupational activities.

4. Ministries and ministerial-level agencies responsible for managing state administration in areas of civil servant activities shall provide detailed regulations on the content, program, form, and duration of training and development for civil servants working in the sectors and fields under their management.

Article 34. Responsibilities for Training and Development of Civil Servants

1. Public institutions have the responsibility to develop and implement plans for training and development of civil servants.

2. Public institutions have the responsibility to create conditions for civil servants to participate in training and development.

3. The costs of training and development for civil servants shall be borne by the civil servants themselves, the financial resources of the public institution, and other sources.

Article 35. Responsibilities and benefits of civil servants in training and retraining

1. Civil servants participating in training and retraining must strictly comply with the training and retraining regulations and be subject to management by the training and retraining institutions.

2. Civil servants assigned to participate in training and retraining shall enjoy salaries and allowances as prescribed by law and the regulations of public service units; the time spent on training and retraining shall be counted as continuous working time and shall be considered for salary increase.

3. If a civil servant sent by a public service unit for training unilaterally terminates the employment contract or leaves without permission, they must compensate for the training costs according to the provisions of the Government.

Section 5

DETACHMENT, APPOINTMENT, REMOVAL

Article 36. Detachment of civil servants

1. Detaching civil servants means sending a civil servant from one public service unit to work at another agency, organization, or unit for a specified period based on task requirements. The head of the public service unit or the competent authority managing the public service unit decides on the detachment of civil servants.

2. The term of detachment shall not exceed three years, except for certain fields specified by the Government.

3. Civil servants detached must comply with job assignments and management of the agency, organization, or unit where they are sent.

4. During the detachment period, the public service unit detaching the civil servant is responsible for ensuring the salary and other benefits of the civil servant.

5. Civil servants detached to mountainous areas, border regions, islands, remote areas, ethnic minority regions, or regions with particularly difficult socio-economic conditions shall enjoy support policies as prescribed by the Government.

6. Upon completion of the detachment period, the civil servant returns to their original unit to work. The head of the public service unit detaching the civil servant is responsible for receiving and assigning work to the civil servant upon completion of the detachment period, in accordance with their specialty and profession.

7. Detachment of female civil servants who are pregnant or nursing children under thirty-six months old shall not be implemented.

Article 37. Appointment of managerial civil servants

1. The appointment of managerial civil servants must be based on the needs of the public service unit, the standards and conditions of the managerial position, and carried out within the scope of authority, procedures, and formalities.

2. Based on the specific conditions of the public service unit, managerial civil servants appointed shall have a term of appointment not exceeding five years. During the term of holding a managerial position, the civil servant shall enjoy managerial position allowances; they may participate in professional activities according to the professional title already appointed.

3. When a managerial civil servant's term of holding a managerial position expires, they shall be reconsidered for reappointment or non-reappointment. In cases where they are not reappointed, the appointing authority shall be responsible for assigning the civil servant to a suitable position based on work needs and in accordance with their specialty and profession.

4. A managerial civil servant transferred to a different position or appointed to a new managerial position shall automatically cease to hold the current managerial position, except in cases of concurrent appointments.

5. The authority to appoint civil servants to managerial positions is decided by the head of the public service unit or proposed to the competent authority for decision based on the division of management responsibilities.

6. The Government shall provide detailed regulations for this Article.

Article 38. Resigning from or being relieved of management positions

1. Management officials may resign from or be relieved of their management positions if they fall under any of the following circumstances:

a) Inadequate health;

b) Insufficient capability or reputation;

c) Based on job requirements;

d) For other reasons.

2. Management officials who request to resign from their management positions but have not yet received approval from the head of the public service entity or the competent authority must continue to perform their duties and powers.

3. After being relieved of their management positions, management officials shall be assigned to new positions by the head of the public service entity or the competent authority based on work needs and in accordance with their expertise and professional qualifications.

4. The authority, procedures, and processes for considering and deciding on requests to resign from or be relieved of management positions shall be carried out in accordance with the provisions of the law.

Chapter 6

ASSESSMENT OF CIVIL SERVANTS

Article 39. Purpose of evaluating officials

The purpose of evaluating officials is to serve as a basis for continued assignment, utilization, appointment, relief, training, enhancement, commendation, disciplinary action, and implementation of policies and systems for officials.

Article 40. Basis for Evaluating Officials

The evaluation of officials is conducted based on the following grounds:

1. Commitments made in signed employment contracts;

2. Professional ethics regulations and conduct rules for officials.

Article 41. Content of Evaluation of Officials

1. The evaluation of officials is considered based on the following contents:

a) Results of performing tasks or responsibilities according to signed employment contracts;

b) Compliance with professional ethics regulations;

c) Work ethic, attitude towards serving the people, spirit of cooperation with colleagues, and compliance with conduct rules for officials;

d) Fulfillment of other obligations of officials.

2. The evaluation of management officials is considered based on the contents stipulated in Clause 1 of this Article and the following contents:

a) Leadership, management, operational, and organizational capabilities in implementing tasks;

b) Results of activities of the unit entrusted with management and responsibility.

3. The evaluation of officials is conducted annually; at the end of the probationary period; before signing further employment contracts; when changing job positions; when considering commendations, disciplinary actions, appointments, reappointments, planning, training, and enhancement.

Article 42. Classification of Evaluation of Officials

1. Annually, based on the content of the evaluation, officials are classified as follows:

1. Outstandingly completing tasks;

2. Excellently completing tasks;

3. Completing tasks;

4. Not completing tasks.

Article 43. Responsibility for Evaluating Officials

1. The head of the public service entity has the responsibility to organize the evaluation of officials within their management authority.

2. Depending on specific conditions, the head of the public service entity conducts the evaluation or delegates the evaluation of officials within their management authority. Those granted the authority to evaluate officials must be responsible to the head of the public service entity for the results of the evaluation.

3. The person authorized to appoint bears the responsibility for evaluating management officials in public service entities.

4. The Government shall provide detailed regulations on the procedures and processes for evaluating officials as stipulated in this Article.

Article 44. Notification of Evaluation and Classification Results

1. The content of the evaluation of civil servants must be notified to the civil servant.

2. The results of the classification of civil servants shall be publicly disclosed within the public service unit.

3. If there is disagreement with the evaluation and classification results, the civil servant has the right to appeal to the competent authority.

Section 7

TERMINATION OF SERVICE AND RETIREMENT REGIME

Article 45. Termination of Service Regime

1. When terminating the employment contract, the civil servant shall be entitled to severance pay, unemployment assistance, or unemployment insurance benefits in accordance with the Labor Law and Social Insurance Law, except for cases stipulated in Clause 2 of this Article.

2. A civil servant shall not be entitled to severance pay if they fall under any of the following circumstances:

a) Forced resignation;

b) Unilaterally terminating the employment contract in violation of the provisions of Clauses 4, 5, and 6 of Article 29 of this Law;

c) Terminating the employment contract in accordance with the provisions of Clause 5 of Article 28 of this Law.

Article 46. Retirement Regime

1. Civil servants shall be entitled to retirement benefits in accordance with the Labor Law and Social Insurance Law.

2. Six months prior to the date of retirement, the agency, organization, or unit managing the civil servant must notify in writing about the retirement date; three months prior to the date of retirement, the agency, organization, or unit managing the civil servant shall issue a decision on retirement.

3. Public service units may enter into fixed-term contracts with retirees if the unit has a need and the retiree expresses a willingness; during the contract period, in addition to contractual remuneration, the person shall be entitled to certain specific benefits and policies regarding management mechanisms to ensure conditions for professional activities as prescribed by the Government.

Chapter IV

MANAGEMENT OF CIVIL SERVANTS

Article 47. State Management of Civil Servants

1. The Government shall uniformly manage state affairs concerning civil servants.

2. The Ministry of Home Affairs shall be responsible before the Government for implementing state management over civil servants and shall have the following tasks and powers:

a) Drafting and promulgating legal normative documents on civil servants according to its authority or submitting them to the competent authority for promulgation;

b) Leading and coordinating with ministries and equivalent agencies in developing planning and building plans to develop the civil servant workforce and submitting them to the competent authority for decision;

c) Leading and coordinating with ministries and equivalent agencies in issuing systems of job titles, standards, and job code classifications;

d) Managing statistical work on civil servants; guiding the establishment and management of civil servant files; developing and operating a national database on civil servants;

đ) Inspecting and supervising state management over civil servants;

e) Annually reporting to the Government on the civil servant workforce.

3. Ministries and equivalent agencies within their respective duties and powers shall be responsible for implementing state management over civil servants.

4. Provincial People's Committees and municipal people's committees directly under the central government within their respective duties and powers shall implement state management over civil servants.

Article 48. Management of Civil Servants

1. The content of managing civil servants includes:

a) Establishing job positions;

b) Recruiting civil servants;

c) Signing employment contracts;

d) Appointing and changing occupational titles;

đ) Changing job positions, assigning on temporary duty, terminating employment contracts, and settling termination benefits;

e) Appointing and dismissing managerial civil servants; arranging and utilizing civil servants according to job requirements;

g) Implementing evaluations, rewards, and disciplinary actions against civil servants;

h) Implementing salary regimes, incentive policies, training, and development programs for civil servants;

i) Establishing and managing civil servant files; implementing reporting systems on civil servant management within their jurisdiction.

2. Public service units entrusted with autonomy shall implement the management contents stipulated in Clause 1 of this Article. The head of the public service unit shall be responsible for reporting to higher authorities on the management and utilization of civil servants at the unit.

3. For public service units that have not been granted autonomy, the competent authority managing the public service unit shall implement civil servant management or delegate the implementation of the management contents stipulated in Clause 1 of this Article to the public service unit entrusted with management.

4. The Government shall provide detailed regulations on this matter.

Article 49. Complaints and Resolution of Complaints Related to Decisions on Civil Servant Management

The complaints and resolution of complaints by civil servants against decisions made by the heads of public service units or competent authorities related to civil servant management shall be carried out in accordance with the provisions of the law.

Article 50. Inspection and Audit

1. The competent authority managing public service units shall audit and inspect the recruitment, use, and management of civil servants at public service units under its management.

2. The Ministry of Home Affairs shall audit the recruitment, use, and management of civil servants in accordance with this Law and other relevant legal provisions.

3. Ministries and ministerial-level agencies shall audit the implementation of professional activities by civil servants within their assigned sectors and fields.

Chapter V

REWARD AND VIOLATION HANDLING

Article 51. Awards

1. Civil servants who have meritorious achievements and contributions in their work and professional activities shall be awarded and honored in accordance with the law on competition and rewards.

2. Civil servants who are awarded for outstanding merits may be considered for early salary increments or leap-grade salary increases as prescribed by the Government.

Article 52. Disciplinary Measures Against Civil Servants

1. Civil servants who violate legal provisions during the performance of their duties or tasks shall, depending on the nature and degree of violation, be subject to one of the following disciplinary measures:

a) Reprimand;

b) Warning;

c) Dismissal from position;

d) Compulsory resignation.

2. Civil servants disciplined by any of the measures prescribed in Clause 1 of this Article may also be restricted from engaging in professional activities in accordance with relevant laws.

3. The disciplinary measure of dismissal from position shall only apply to managerial civil servants.

4. Disciplinary decisions shall be kept in the civil servant's file.

5. The Government shall prescribe the application of disciplinary measures, procedures, and the authority to impose disciplinary actions on civil servants.

Article 53. Time Limit for Disciplinary Action

1. The time limit for disciplinary action is the period prescribed by this Law, after which a civil servant who has committed a violation will not be subject to disciplinary action. The time limit for disciplinary action is 24 months, starting from the date of the violation.

2. The time limit for disciplinary action against a civil servant is the period from when the violation is discovered until the competent authority makes a disciplinary decision.

The time limit for disciplinary action shall not exceed two months; if the case involves complex circumstances requiring additional investigation and verification, the time limit for disciplinary action may be extended but shall not exceed four months.

3. In cases where a civil servant has been indicted, prosecuted, or had a trial initiated through criminal proceedings, but subsequently has a decision to terminate the investigation or close the case, and the violation indicates a disciplinary offense, they shall be subject to disciplinary action; within three working days from the date of the decision to terminate the investigation or close the case, the person making the decision must send the decision and related documents to the civil servant management unit for disciplinary consideration.

Article 54. Temporary Suspension from Work

1. During the disciplinary action time limit, the head of a public service unit may decide to temporarily suspend a civil servant from work if it is deemed that continuing work could hinder the examination and disciplinary process. The duration of temporary suspension from work shall not exceed fifteen days, and may be extended up to thirty days if necessary. Upon completion of the temporary suspension period, if the civil servant is not subject to disciplinary action, they shall be reassigned to their previous position.

2. During the period of temporary suspension from work, the civil servant shall receive wages as prescribed by the Government.

Article 55. Liability for Compensation and Repayment

1. Civil servants who lose, damage equipment or engage in other acts causing property damage to public service units shall be liable for compensation.

2. When civil servants cause damage to others while performing their assigned tasks and the public service unit is required to compensate, they have the obligation to repay the public service unit.

The Government shall provide detailed regulations on determining the amount of repayment by civil servants.

Article 56. Other Provisions Related to Disciplinary Actions Against Civil Servants

1. Civil servants who are reprimanded will have their salary increase period extended by three months; those who are warned will have it extended by six months. In cases where civil servants are dismissed, their salary increase period will be extended by twelve months, and at the same time, the public service unit shall arrange another suitable position.

2. Civil servants disciplined from reprimand to dismissal shall not be included in planning, training, or promotion for twelve months from the date the disciplinary decision takes effect.

3. Civil servants under disciplinary action, under investigation, prosecution, or trial shall not be appointed, transferred, trained, promoted, or allowed to retire or resign.

4. Management civil servants who have been disciplined with dismissal due to corruption or convicted by the court for corrupt behavior shall not be appointed to management positions.

5. Civil servants prohibited from practicing their profession or restricted in their professional activities for a certain period according to the decision of the competent authority, if not subject to disciplinary action leading to termination of employment, the public service unit must assign the civil servant to a different position unrelated to the prohibited or restricted professional activity.

6. Civil servants subjected to disciplinary action, temporarily suspended from work, or required to compensate or repay according to the decision of the public service unit may appeal, initiate litigation, or request resolution through procedures prescribed by law if they consider such decisions inappropriate.

Article 57. Provisions for Civil Servants Subjected to Criminal Prosecution

1. Civil servants sentenced to imprisonment without probation or convicted of corruption by the court shall be terminated from employment from the date the court's judgment or decision becomes legally effective.

2. Management civil servants declared guilty by the court shall automatically cease holding management positions from the date the court's judgment or decision becomes legally effective.

Chapter VI

IMPLEMENTING PROVISIONS

Article 58. Conversion Between Civil Servants and Cadres, Public Officials

1. The conversion between civil servants and cadres, public officials shall be carried out as follows:

a) Recruitment of civil servants to become public officials must comply with laws on cadres and public officials. In cases where civil servants have worked at public service units for five years or more, they can be converted to public officials without examination;

b) Civil servants accepted and appointed to positions defined as public officials by law shall have the acceptance and appointment decision simultaneously serve as the recruitment decision;

c) Civil servants appointed to leadership and management positions within public service units defined as public officials by law shall be appointed to corresponding public official ranks, with salaries paid according to the wage mechanism of public service units, retaining their previously appointed professional titles, and engaging in professional activities as stipulated by this Law and other relevant laws;

d) Cadres and public officials transferring to become civil servants at public service units must meet the conditions set forth in this Law;

đ) Public officials in leadership and management positions within public service units, upon completion of their term of appointment without reappointment but continuing to work at the same public service unit, shall be converted to civil servants and assigned appropriate work commensurate with their expertise and professional qualifications;

e) Contributions and working periods of civil servants before and after converting to cadres or public officials shall be considered when implementing training, promotion, commendation, and other benefits.

2. The Government shall provide detailed regulations on this matter.

Article 59. Transitional Provisions

1. Civil servants recruited before July 1, 2003 shall enjoy rights, obligations, and management as civil servants working under indefinite-term employment contracts as stipulated by this Law. Public service units shall complete necessary procedures to ensure the rights and benefits, job stability policies, salary systems, and other benefits that civil servants currently enjoy.

2. Civil servants recruited from July 1, 2003 until the effective date of this Law shall continue to implement employment contracts signed with public service units, enjoying rights, obligations, and management as prescribed by this Law.

3. The Government shall provide detailed regulations on this Article.

Article 60. Application of the Civil Servant Law to other subjects

The Government shall specify the application of the Civil Servant Law to persons working in units under social-political and occupational organizations, social organizations, social-occupational organizations, public service units of state-owned limited liability companies with a single member.

Article 61. Effective date

This Law takes effect from January 1, 2012.

Article 62. Detailed Provisions and Guidance for Implementation

The Government shall provide detailed provisions and guidance on the implementation of the Articles and Clauses assigned in this Law; provide guidance on other necessary contents of this Law to meet the requirements of state management.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, eighth meeting, on November 15, 2010./.