Circular No. 74/2005/TT-BNV guiding certain Articles of Decree No. 115/2003/NĐ-CP, Decree No. 116/2003/NĐ-CP, and Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system; on recruitment, utilization, and management of cadres and civil servants in state agencies and public service units; on recruitment, utilization, and management of cadres and civil servants in state agencies.

CIRCULAR

Guidelines for certain Articles of Decree No. 115/2003/NĐ-CP, Decree No. 116/2003/NĐ-CP, and Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system; on recruitment, utilization, and management of cadres and civil servants in state-owned units; on recruitment, utilization, and management of cadres and civil servants in state agencies.

Implementing Decree No. 115/2003/NĐ-CP dated October 10, 2003 of the Government on the probationary civil servant system (hereinafter referred to collectively as Decree No. 115/2003/NĐ-CP), Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state-owned units (hereinafter referred to collectively as Decree No. 116/2003/NĐ-CP), and Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state agencies (hereinafter referred to collectively as Decree No. 117/2003/NĐ-CP), the Ministry of Home Affairs provides guidance on certain contents under Article 5, Article 9, and Article 12 of Decree No. 115/2003/NĐ-CP, certain contents under Article 5, Article 9, Article 10, Article 11, and Article 29 of Decree No. 116/2003/NĐ-CP, and certain contents under Article 5, Article 10, Article 12, Article 13, and Article 24 of Decree No. 117/2003/NĐ-CP as follows:

I. REGARDING THE RECRUITMENT OF PROBATIONARY CIVIL SERVANTS, CIVIL SERVANTS, AND CIVIL SERVICE OFFICERS

1. Regarding registration for recruitment and implementation of recruitment, acceptance of civil servants, civil service officers, or probationary civil servants:

1.1. The person registering for recruitment as a civil servant, civil service officer, or probationary civil servant must prepare a recruitment application dossier in accordance with the prescribed regulations and submit it to the Recruitment Board. Among these, copies of diplomas, certificates, and other related documents (such as confirmation letters for children of war invalids, martyrs, ethnic minorities...) do not need to be notarized or certified by authorized authorities but must include a declaration on the copy that it is a true copy of the original, signed and acknowledged by the applicant.

1.2. Notification of successful candidates: The Recruitment Board must publicly post the list of successful candidates at the location where the application dossiers were submitted and simultaneously send notification of the results to the applicants at the address they have registered.

1.3. Within fifteen days from the date of receipt of the notification of successful candidacy, the successful candidate is responsible for completing the application dossier in accordance with the regulations. In special cases such as illness or accidents, the time limit for completing the dossier may be extended up to fifteen days more, provided there is confirmation from the local authority of the place of residence.

1.4. When reviewing the application dossier of the successful candidate, if the competent authority for recruitment discovers illegal diplomas, certificates, or those not within the scope of preferential recruitment (if applicable) as declared in the application dossier, the successful candidate will be subject to review and possible revocation of their successful candidacy by the competent authority for recruitment.

1.5. After the competent authority for recruitment concludes that the successful candidate has completed the dossier in accordance with the regulations, a decision to recruit the successful candidate as a civil servant, civil service officer, or probationary civil servant will be issued.

2. Regarding the conditions for recruitment of civil servants, civil service officers, or probationary civil servants:

2.1. The person registering for recruitment as a civil servant, civil service officer, or probationary civil servant must declare in the registration form that they meet all the conditions and standards currently in force and publicly announced (the registration form attached to this Circular). Among them, some unified conditions for registration are implemented as follows:

2.1.1. Regarding diplomas and certificates: The applicant only needs to possess the appropriate diplomas and certificates for the position applied for without distinction between types of training (regular, part-time, expanded) or between public and private institutions. For specific fields such as university teaching, postgraduate studies, scientific research, cultural arts, sports, the type of training for applicants is determined by the agency authorized to recruit civil service officers.

2.1.2. Those who graduated with excellent grades or hold Master's or Doctoral degrees already enjoy preferential treatment in recruitment, so there is no need to specify academic performance criteria in the registration conditions.

2.2. Apart from the preferential groups defined by the Government, Ministries, sectors, and provincial People's Committees directly under the Central Government shall not establish additional preferential categories.

3. Regarding subjects and marking methods in the examination for recruitment of cadres and civil servants to administrative state agencies:

3.1. For the examination of civil servants in the positions of clerical staff, specialist, or equivalent in administrative state agencies, the applicant must take the following subjects:

3.1.1. Administrative Law (written test, duration 120 minutes).

3.1.2. Foreign Language (one of five common languages: English, French, Russian, Chinese, German, or another language required for the job position) level B for the position of specialist or equivalent, level A for the position of clerical staff or equivalent (written test, duration 60 minutes).

For applicants working in regions or localities requiring the use of ethnic minority languages, foreign language can be replaced by the ethnic minority language. Requirements, format, and duration of the test are decided by the Chairman of the Civil Service Examination Board.

3.1.3. Office Computer Skills (multiple-choice test, duration 30 minutes or practical test, duration 15 minutes).

3.2. The content of each subject is based on the professional standards of the position applied for and according to the regulations of the Minister of Home Affairs and the relevant Ministries managing specialized positions. Specifically, the Administrative Law subject may also include content related to specialized laws and knowledge.

3.3. Marks for each subject are calculated with a coefficient of 1.

3.4. For some special industries or jobs related to foreign affairs such as diplomacy, trade, international cooperation, translation... based on the specific requirements of the work, the Recruitment Board will decide the level, content, and format of the foreign language exam and add necessary specialized exams.

4. Regarding the regime and policies for certain special cases.

4.1. For some cases where individuals with a Master's degree or Doctorate were recruited as civil servants, public officials, or employees before July 1, 2003 (the effective date of the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance), if they have not yet received Level 2 salary of the recruitment rank (for those with a Master's degree) or have not yet received Level 3 salary of the recruitment rank (for those with a Doctorate) up to now, then they shall be adjusted to Level 2 (for those with a Master's degree) or Level 3 (for those with a Doctorate) of the recruitment rank. The next salary increase review will be calculated from July 1, 2003 (the effective date of the Civil Servant Ordinance).

4.2. After implementing the policy for those with a Master's degree or Doctorate as stipulated in Point 2.1 Clause 2 Section II of this Circular, ministries, sectors, and localities shall prepare a list to send to the Ministry of Home Affairs for general monitoring. (According to Model 1 issued together with this Circular).

II. REGARDING THE EXAMINATION FOR PROMOTION TO HIGHER RANKS OF CIVIL SERVANTS AND PUBLIC OFFICIALS

1. Regulations on the selection of civil servants and public officials to take the examination for promotion to higher ranks.

1.1. Based on the guidelines for organizing examinations for promotion to higher ranks of civil servants issued by ministries responsible for managing specialized civil servant ranks or by agencies authorized to organize such examinations, ministries, sectors, and localities shall conduct preliminary screening to select civil servants and public officials to take the examination in accordance with the regulations.

1.2. The Preliminary Screening Board shall submit the results of the preliminary screening in writing to the competent authority for consideration and issuance of a decision to select civil servants and public officials to take the examination for promotion.

1.3. The decision to select civil servants and public officials to take the examination for promotion shall be sent to the agency authorized to organize the examination along with a brief list of the civil servants and public officials taking the examination according to the model prescribed by the agency authorized to organize the examination for promotion. The file of the civil servants and public officials selected to take the examination does not need to be sent to the agency authorized to organize the examination for promotion as previously required but shall be retained and managed by the civil servant management agency of the competent authority that selects civil servants and public officials to take the examination.

1.4. The agency authorized to decide on the selection of civil servants and public officials to take the examination for promotion shall be responsible for the conditions and standards of the civil servants and public officials selected to take the examination.

In cases where civil servants and public officials selected to take the examination do not meet the examination standards and conditions or do not match the job requirements and positions, they shall not participate in the examination; if they have already taken the examination, their results shall be nullified. If civil servants and public officials use illegal diplomas or certificates, or make false declarations to meet the examination standards and conditions and are discovered, they will be disciplined according to the regulations and their examination results will be nullified.

For the examination for promotion to higher ranks of senior civil servants and public officials, the registration files for the examination shall still be implemented as per the current regulations.

2. Regarding the standards and conditions for taking the examination for promotion to higher ranks.

From the effective date of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, public officials, and armed forces personnel, examinations for promotion to the rank of Senior Specialist and equivalent for civil servants and public officials no longer specify the current salary coefficient at the held rank, but the civil servants and public officials registering for the examination must meet the minimum working time requirement in the held rank (including time in equivalent ranks) while also meeting all other examination standards and conditions.

III. REGARDING THE REVIEW FOR TRANSFER TO A HIGHER CATEGORY OF CIVIL SERVANTS AND PUBLIC OFFICIALS

1. Civil servants and public officials in Category B or Category C (currently holding the rank of Cadre or Employee or equivalent), who are dispatched by their agencies or units or self-study to improve their qualifications and have obtained graduation certificates, if they meet the specified standards and conditions, may be reviewed for transfer to Category A or Category B. Civil servants and public officials transferred to Category A (or Category B) shall be appointed and assigned a salary level corresponding to the Specialist rank or equivalent (or Cadre rank or equivalent).

2. Standards and conditions for reviewing the transfer to a higher category of civil servants and public officials based on

2.1. Agencies or units having job positions and needs.

2.2. Being assigned to work in the field of their training.

2.3. Meeting the required qualification levels.

2.4. Fulfilling the duties of cadres and civil servants as stipulated in the Civil Servant Ordinance.

2.5. Not currently under disciplinary action.

IV. REGARDING THE RELOCATION OF CADRES, CIVIL SERVANTS, AND PUBLIC OFFICIALS

1. In the following cases, when relocated to state agencies, they must undergo capability and professional knowledge testing; if they meet the specified requirements, the competent authority will decide to accept and relocate them:

1.1. Individuals currently holding leadership or management positions at the department level or above in state-owned enterprises and state-affiliated organizations, who have worked continuously for five years (sixty months) or more.

1.2. Individuals currently working in state-owned enterprises who were recruited before Decree No. 26/CP dated May 23, 1993 of the Government took effect.

1.3. Individuals currently working in state-owned enterprises but were previously state cadres or civil servants and must have continuous work experience.

1.4. Individuals who are officers or professional military personnel in the People's Army and the Public Security Force, who have worked in the armed forces for five years (sixty months) or more.

1.5. Individuals working in state-affiliated organizations who were recruited by the competent authority before July 1, 2003 (the effective date of the Ordinance amending and supplementing certain articles of the Civil Servant Ordinance).

2. The testing and evaluation shall be conducted by the Recruitment Board of the competent authority managing civil servants.

3. Content and form of testing and evaluation;

3.1. Testing and evaluation must be based on the standards of the civil servant rank and the requirements of the job to proceed appropriately. However, it must focus on the following knowledge and skills:

- Knowledge of state administrative management and professional expertise.

- Skills in office computer applications and in a commonly used foreign language or another language as required by the position. In cases of recruitment into state agencies located in areas requiring the use of ethnic minority languages, the foreign language subject can be replaced by the ethnic minority language.

3.2. The form and duration of the examination and assessment shall be decided by the Recruitment Board and carried out through the following methods: written, multiple-choice, and interview.

3.3. Participants in the examination and assessment must achieve a score of 50 points or higher (on a scale of 100) in each section of the examination and assessment to be recommended by the Recruitment Board for the competent authority to issue a recruitment decision.

V. IMPLEMENTATION

1. Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally governed cities when recruiting probationary civil servants, civil servants, and officials into state administrative agencies or state-affiliated public institutions, and organizing examinations for promotion of civil servants and officials, shall implement according to the guidelines set forth in Circular No. 08/2004/TT-BNV dated February 19, 2004, issued by the Ministry of Home Affairs guiding the implementation of Decree No. 115/2003/NĐ-CP dated October 10, 2003, of the Government on the probationary civil servant system; Circular No. 09/2004/TT-BNV dated February 19, 2004, issued by the Ministry of Home Affairs guiding the implementation of Decree No. 117/2003/NĐ-CP dated October 10, 2003, of the Government on the recruitment, use, and management of cadres and civil servants in state agencies; Circular No. 10/2004/TT-BNV dated February 19, 2004, issued by the Ministry of Home Affairs guiding the implementation of Decree No. 116/2003/NĐ-CP dated October 10, 2003, of the Government on the recruitment and management of cadres and civil servants in state-affiliated public institutions, and this Circular.

2. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

3. Abolish provisions that are contrary to this Circular.

4. In the course of implementation, any difficulties should be reported by ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally governed cities to the Ministry of Home Affairs for study and resolution./.