The new Law on Cadres and Civil Servants was adopted by the National Assembly of Vietnam on June 24, 2025, and will take effect from July 1, 2025. This Law provides detailed regulations on recruitment, training, evaluation, management, and utilization of cadres and civil servants within the Vietnamese political system. It also sets out specific provisions for the transition of village-level cadres and civil servants elected or recruited before the Law takes effect.
Đối tượng áp dụng
This Law applies to all cadres and civil servants within the Vietnamese political system, including those who have retired but still hold positions. The Law also stipulates its application to associations assigned tasks by the Communist Party of Vietnam or the State.
Các điểm cốt lõi
- Regulations on recruitment and training of cadres and civil servants
- Evaluation of the performance of cadres and civil servants
- Management and utilization of cadre and civil servant staffing
- Application of science and technology in cadre and civil servant management
- Transition for village-level cadres and civil servants elected or recruited before the Law takes effect
🌐 Tác động xã hội từ văn bản này
- Enhancing the quality and effectiveness of the political system's operations
- Strengthening scientific and rational management and utilization of cadre and civil servant staffing
- Ensuring benefits for those who have retired but still hold positions
❓ Câu hỏi thường gặp
When does this Law take effect?
The Law will take effect from July 1, 2025.
Which subjects are subject to this Law?
This Law applies to all cadres and civil servants within the Vietnamese political system, including those who have retired but still hold positions.
Are there any provisions regarding the transition for village-level cadres and civil servants elected or recruited before the Law takes effect?
The Law stipulates that these village-level cadres and civil servants, if meeting the required educational qualifications, will be converted into cadres and civil servants according to the Law's provisions and will be assigned to work at village-level political system agencies and organizations within a five-year period.
Toàn văn
LAW
OFFICIALS AND CIVIL SERVANTS
Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly enacts the Law on Officials and Civil Servants.
PART I
GENERAL PROVISIONS
Article 1. Officials and Civil Servants
1. An official is a Vietnamese citizen who is elected, approved, appointed, or designated to hold a position or title for a term within the Party Organization of the Communist Party of Vietnam, State agencies, the Vietnam Fatherland Front, political-social organizations at central, provincial, and communal levels, within the establishment and receiving salary from the state budget.
2. A civil servant is a Vietnamese citizen recruited to a job position within the Party Organization of the Communist Party of Vietnam, State agencies, the Vietnam Fatherland Front, political-social organizations at central, provincial, and communal levels; within military units under the People's Army of Vietnam that are not officers, professional soldiers, defense workers, or defense officials; within police units under the People's Public Security Force that are not police officers, non-commissioned police officers, or professional police personnel; within confidential organizations that are not confidential staff, within the establishment and receiving salary from the state budget.
Article 2. Principles in Performing Official Duties
1. Compliance with the Constitution and laws.
2. Respect, ensure, and protect human rights, citizens' rights, safeguard the interests of the State, and the legitimate rights and interests of organizations and individuals.
3. Transparency, accountability, compliance with authority, and subject to inspection and supervision.
4. Ensure systematicity, unity, continuity, smooth operation, professionalism, modernity, and effectiveness.
5. Ensure administrative hierarchy and close coordination.
Article 3. Principles in Managing Officials and Civil Servants
Clause 1. Ensure the leadership of the Communist Party of Vietnam and state management.
2. Combine job titles, positions, and staffing quotas.
3. Implement the principle of democratic centralism, individual responsibility system, and clear division of powers.
4. Appraisal, placement, and utilization of officials and civil servants must be based on their political integrity, morality, competence, and performance results according to job requirements.
5. Ensure unity, synchronization, and interconnection within the political system.
6. Promote gender equality.
7. Prioritize recruitment, appointment, and implementation of policies for ethnic minority people.
Article 4. Mechanism for Attracting High-Quality Human Resources and Policies for Talents in Public Service Activities
1. The State has special mechanisms to attract experts, scientists, lawyers, outstanding entrepreneurs, excellent graduates, and other high-quality human resources to work in the Party Organization of the Communist Party of Vietnam, State agencies, the Vietnam Fatherland Front, political-social organizations; implement appropriate remuneration and incentives for talents in public service activities consistent with national socio-economic development conditions.
2. Talents in public service activities are officials and civil servants with good political integrity, morality, a strong desire to contribute and serve the country and the people; outstanding professional skills demonstrated through work performance; innovative, dynamic, creative thinking, willing to take responsibility for the common good; achieving remarkable achievements in public service activities reflected in specific results and products, bringing high value and efficiency to organizations, sectors, and fields nationwide or locally.
3. The Government shall prescribe the framework of mechanisms and policies for attracting, utilizing, and rewarding the subjects specified in Clause 1 and Clause 2 of this Article.
4. Based on the Government's regulations and strategic sectoral development orientations of the nation and locality, the head of ministries, sectors, central agencies, or the Provincial People's Councils shall determine priority sectors and fields to utilize high-quality human resources during each phase and decide policies for the subjects specified in Clause 1 and Clause 2 of this Article within their management scope, in accordance with their budget capacity and management authority over officials and civil servants.
5. The state budget shall ensure funding for implementing policies for the subjects specified in Clause 1 and Clause 2 of this Article; central ministries, sectors, and localities may mobilize other lawful sources to implement such policies.
Article 5. Definitions
In this Law, the following terms shall be understood as follows:
1. Public service is an activity carried out by officials and civil servants to fulfill duties and exercise powers assigned by competent authorities and laws to manage the state and meet the common needs of society.
2. The agency managing officials and civil servants is an organization authorized to perform management functions over officials and civil servants.
3. The agency employing officials and civil servants is an organization or unit entrusted with the authority to employ, assign, arrange, inspect, and evaluate the performance of duties and powers of officials and civil servants, and other authorities delegated according to the division of powers.
4. Job position is a job linked to a post or rank of civil servant based on the specific functions and tasks of the organization or unit.
5. Rank is a name indicating the level of expertise and professional qualifications of a civil servant.
6. Designation is the act of an authorized organization deciding to appoint an official to a leadership or management position without election.
7. Transfer is the act of an authorized organization deciding to move an official or civil servant from one organization or unit to another for employment.
8. Appointment is the act of an authorized organization deciding to assign an official or civil servant to a position or title within an organization or unit.
9. Rotation is the act of an authorized organization assigning or appointing an official or civil servant to a leadership or management position in another organization or unit for a certain period to continue training, nurturing, and honing skills according to job requirements or planning for the position.
10. Detachment is the act of a civil servant being dispatched to work temporarily outside the management scope of their organization or unit according to job requirements.
11. Resignation is the voluntary act of an official or civil servant leader requesting to vacate their position or title before the end of their term or appointment period.
12. Removal is the act of an authority or organization with the right to decide that officials and civil servants in leadership positions cease holding their posts before the end of their term or appointment period.
13. Temporary suspension from duty is the act of an authority or organization with the right to decide that officials and civil servants stop performing their assigned responsibilities for a specified period.
Chapter II
RIGHTS AND DUTIES OF OFFICIALS AND CIVIL SERVANTS
Section1
DUTIES OF OFFICIALS AND CIVIL SERVANTS
Article 6. Duties of officials and civil servants towards the Party, State, and People
1. Absolute loyalty to the Communist Party of Vietnam and the Socialist Republic of Vietnam; protect the honor of the country, national interests, and ethnic interests.
2. Respect and protect human rights and citizens' rights, and serve the people with dedication.
3. Maintain close ties with the people, respect, listen to their opinions, and accept their supervision.
4. Strictly comply with the policies, guidelines, and laws of the Party and State.
Article 7. Duties of officials and civil servants in performing public duties
1. Perform tasks and powers assigned accurately and fully, and be responsible for the results; proactively enhance professional skills and expertise to meet job requirements; apply science, technology, and digital transformation in executing tasks.
2. Have a sense of organizational discipline; strictly follow internal regulations and rules of the agency, organization, or unit; report to the competent authority when discovering violations of the law within the agency, organization, or unit; protect state secrets.
3. Be proactive and creative in performing tasks and public duties; closely cooperate with colleagues in performing public duties; maintain unity within the agency, organization, or unit.
4. Protect, manage, and use public assets effectively and economically.
5. Comply with decisions made by superiors. If there is evidence that such a decision violates the law, they must promptly report in writing to the person making the decision; if the decision-maker still decides to enforce it, they must comply while reporting in writing to the immediate superior of the decision-maker and will not be held responsible for the consequences of enforcement. The decision-maker shall bear legal responsibility for their decision.
6. Other duties as prescribed by law and by the competent authority.
Article 8. Duties of officials and civil servants who are heads in performing public duties
Officials and civil servants who are heads of agencies, organizations, or units shall implement the provisions of Articles 6 and 7 of this Law and the following duties:
1. Lead and direct the implementation of assigned tasks and be responsible for the outcomes of activities of the agency, organization, or unit.
2. Inspect, urge, and guide the performance of public duties by officials and civil servants.
3. Implement measures to prevent and combat bureaucracy, corruption, and wastefulness, and be responsible for the occurrence of these issues within the managed agency, organization, or unit.
4. Implement legal provisions on grassroots democracy and office culture within the agency, organization, or unit; promptly and strictly handle officials and civil servants under their management who violate discipline and law, have bureaucratic attitudes, arrogance, abuse of power, and cause inconvenience to citizens.
5. Regularly review to ensure the maximum reduction of administrative procedures, creating favorable conditions for the people, businesses, and related agencies, organizations, or individuals; lead, direct, and be responsible for the resolution of administrative procedures within the managed agency, organization, or unit.
6. Timely resolve complaints, accusations, and proposals from individuals and organizations within their authority or refer them to competent authorities for resolution.
7. Other duties as prescribed by law and by the competent authority.
Section 2
RIGHTS OF OFFICIALS AND CIVIL SERVANTS
Article 9. Rights of civil servants regarding assurance of conditions for performing public duties
1. To be granted powers commensurate with the tasks assigned.
2. To be assured of equipment, means of transportation for performing public duties, and other working conditions as prescribed by law and by competent authorities.
3. To be provided with official accommodation or to rent official accommodation as prescribed by law and by competent authorities.
4. To be provided with information and data related to the assigned tasks and powers.
5. To participate in training and capacity building programs to enhance their qualifications.
6. To be protected by law when performing public duties.
7. To be considered for exemption, reduction, or exemption from responsibility as prescribed by law and by competent authorities.
Article 10. Rights of civil servants regarding salary, bonuses, and other systems related to salary
1. To receive salary, bonuses, and other income according to the results and products of the position held, in accordance with the country's socio-economic development conditions and localities.
2. To receive overtime pay, night shift pay, travel expenses, and other benefits as prescribed.
3. Civil servants working in areas with particularly difficult socio-economic conditions or in heavy, hazardous, or dangerous jobs shall receive allowances and preferential policies as prescribed.
Article 11. Rights of civil servants regarding rest and other rights
1. Civil servants are entitled to annual leave, holidays, personal leave, and unpaid leave as prescribed by labor laws. In cases where civil servants cannot use or do not fully use their annual leave due to work requirements, they shall be paid additional compensation equivalent to their salary for the unused days.
2. Civil servants are guaranteed the right to study, engage in scientific research, participate in economic and social activities, except those activities specified in Clause 6, Article 14 of this Law; they are entitled to preferential housing policies, social insurance, health insurance, and other benefits as prescribed by law; in cases of injury or sacrifice while performing public duties, they shall be considered for benefits and policies similar to those for war invalids or recognized as martyrs.
Section 3
MORALITY AND PROFESSIONAL COMMUNICATION OF CIVIL SERVANTS
Article 12. Professional ethics
1. Civil servants must have clear and exemplary morality, practicing diligence, thrift, honesty, integrity, impartiality, and dedication in performing public duties.
2. Civil servants must love their country, be loyal to the nation, respect and serve the people wholeheartedly. They must possess resilience, innovative spirit, international integration; unity, discipline, and order in public service; set examples, continuously improve themselves, and pursue lifelong learning.
Article 13. Professional communication
1. Professional communication at the workplace:
a) In workplace communication, civil servants must maintain courteous attitudes and respect colleagues;
b) Civil servants must listen to colleagues' opinions; be fair, impartial, and objective when evaluating colleagues.
2. Professional communication with the people:
a) When performing public duties, civil servants must wear badges, insignias, identification cards, or civil servant cards; maintain courteous manners; uphold the reputation and honor of the agency, organization, unit, and colleagues;
b) Civil servants must respect, listen to the opinions of, and be close to the people; be serious and humble; communication language must be standard, clear, and coherent;
c) Strictly prohibit arrogant, autocratic, irresponsible behavior that causes difficulties and inconvenience to citizens and businesses when performing public duties.
Section 4
MATTERS THAT OFFICIALS AND CIVIL SERVANTS ARE NOT PERMITTED TO DO
Article 14. Matters that officials and civil servants shall not engage in
1. Evading, shirking, dodging, passing on responsibilities assigned; forming cliques, causing division; taking unauthorized leave, abandoning work; participating in strikes; disseminating false information affecting the image and reputation of the country, locality, agency, organization, or unit where they work.
2. Engaging in acts of embezzlement, corruption, negativity, waste, profiteering, harassment, and other violations of laws against citizens, businesses, agencies, organizations, or individuals related to their duties.
3. Using state property and people's property contrary to the law.
4. Misusing official duties, powers, and information related to public service for personal gain.
5. Engaging in discriminatory acts based on ethnicity, gender, age, disability, religion, belief, social status, in any form while performing public duties.
6. Matters that shall not be engaged in concerning production, business, personnel work according to laws on preventing and combating corruption, thrift, and waste, protecting state secrets, and other matters as prescribed by law and competent authorities during employment and after retirement.
Chapter III
OFFICIALS
Article 15. Positions and titles of officials
1. Positions and titles of officials working in Party of Vietnam Communist Party, Vietnam Fatherland Front, political-social organizations are determined based on the Charter of the Vietnam Communist Party, Vietnam Fatherland Front, and political-social organizations.
2. Positions and titles of officials working in state agencies are determined according to the Constitution, Law on Organization of the National Assembly, Law on Organization of the Government, Law on Organization of Local Administration, Law on Organization of People's Courts, Law on Organization of People's Procuratorates, State Audit Law, and other relevant laws.
3. The determination of equivalent positions and titles within the political system is carried out according to the regulations of competent authorities.
Article 16. Election, approval, appointment, designation of positions and titles of officials
The election, approval, appointment, and designation of positions and titles of officials for terms in the Party of Vietnam Communist Party, state, Vietnam Fatherland Front, political-social organizations are carried out according to the Constitution, Law on Organization of the National Assembly, Law on Organization of the Government, Law on Organization of Local Administration, Law on Organization of People's Courts, Law on Organization of People's Procuratorates, State Audit Law, Law on Election of National Assembly Deputies and People's Council Deputies, relevant charters and laws, and regulations of competent authorities.
Article 17. Management of officials
1. The transfer, rotation, training, enhancement, evaluation, termination of employment, resignation, removal from office, and other contents related to official management are carried out according to the law and regulations of competent authorities.
2. Officials retire according to labor laws, except in cases implemented according to the regulations of competent authorities.
Chapter IV
CIVIL SERVANTS
Section 1
RECRUITMENT OF CIVIL SERVANTS
Article 18. Principles for Recruitment of Civil Servants
1. Ensuring transparency, fairness, objectivity, and compliance with the law.
2. Ensuring competition and equality.
3. The person recruited must immediately meet the requirements of the position to be filled.
4. Prioritize recruitment of talented individuals, those who have rendered meritorious service to the country, and ethnic minority individuals.
Article 19. Conditions for Registering to Apply for Civil Service Positions
1. Individuals meeting the following conditions may register to apply for civil service positions:
a) Having Vietnamese nationality according to the provisions of the Nationality Law;
b) Residing in Vietnam;
c) Being at least eighteen years old;
d) Having good political qualities and moral character; having a clear record;
đ) Being in good health to perform duties;
e) Meeting the conditions required for the position to be applied for.
2. Individuals registering to apply for leadership or management positions, in addition to meeting the conditions stipulated in Clause 1 of this Article, must also meet the criteria and conditions for appointment as prescribed, except in cases implemented pursuant to decisions of competent authorities.
Article 20. Methods and Authority for Recruitment of Civil Servants
a) Those who have lost or are restricted in their capacity for civil acts; those with difficulties in recognizing and controlling their behavior;
1. Recruitment of civil servants into positions shall be carried out through the following methods:
b) Selection for certain groups of candidates as prescribed by the Government.
2. In addition to recruiting civil servants through competitive examinations or selection, the civil service management agency decides to accept into civil service positions the following categories of individuals:
a) Competitive examination;
a) Experts, scientists, excellent lawyers, distinguished entrepreneurs, and other outstanding individuals attracted to work in agencies of the Communist Party of Vietnam, State, Vietnam Fatherland Front, and political-social organizations;
b) Individuals with experience who immediately meet the requirements of the position, currently serving as public officials, personnel receiving salaries in the People's Army, Public Security Force, confidential organizations, and other similar cases working in agencies, organizations, units within the political system.
3. The civil service management agency implements recruitment or delegates authority for recruitment to the employing agency.
4. The recruited individual is assigned to a position and classified into the corresponding civil service rank.
Article 21. Contracts for Performing Duties of Civil Servants
1. Based on the nature and requirements of tasks of the agency, organization, unit at each point in time and the actual situation, human resource needs, and the ability to fulfill assigned tasks, the civil service management agency decides:
5. The Government shall provide detailed regulations on this matter.
a) To enter into contracts with experts, scientists, excellent lawyers, distinguished entrepreneurs, and other outstanding individuals to perform one or more duties of leadership or management positions;
b) To enter into contracts with high-quality human resources as stipulated in Clause 1 of Article 4 of this Law to perform one or more specialized or professional duties;
c) To enter into service contracts to perform the work of the agency, organization, or unit due to insufficient human resources.
2. The state budget ensures funding for the signing of contracts as provided in this Article outside the salary fund and administrative cost allocation.
Article 22. Selection and Appointment of Judges and Prosecutors
The selection and appointment of judges of the People's Court and prosecutors of the People's Procuracy are carried out in accordance with the laws on the organization of the People's Court and the laws on the organization of the People's Procuracy.
3. The Government shall provide detailed regulations on this Article.
POSITION AND CIVIL SERVICE RANK
The selection and appointment of Judges of People's Courts and Prosecutors of People's Procuratorates shall be carried out in accordance with the laws on the organization of People's Courts and the laws on the organization of People's Procuratorates.
Section 2
POSITION AND RANK OF CIVIL SERVANTS
Article 23. Position of civil servant's job
1. Basis for determining the job position:
a) Functions, tasks, and organizational structure of the agency, organization, or unit employing the civil servant;
b) Complexity level, nature, and characteristics of each sector or field; scope and target served; professional management procedures;
c) Degree of modernization of the workplace, equipment, working tools; degree of application of science and technology, digital transformation.
2. The job position of a civil servant includes the following main contents:
a) Name of the job position;
b) Rank, title, or grade corresponding to the civil servant;
c) Job description and competency framework of the job position.
3. Classification of job positions:
a) Leadership and management job position;
b) Professional job position;
c) Support and service job position.
4. The Government shall stipulate principles, procedures, and formalities for establishing and approving job positions in accordance with the分级管理干部、公务员的权限,以及对共产党和民主党派、人民团体、社会组织中公务员岗位设置的规定,并细化本条内容。
Article 24. Civil Servant Grade and Assignment to Civil Servant Grades
1. Civil servant grades are ranked according to their professional and vocational levels, including:
a) Senior Expert;
b) Senior Specialist and equivalent;
c) Principal Specialist and equivalent;
d) Specialist and equivalent;
đ) Staff Member and equivalent;
e) Clerk.
2. Assignment to civil servant grades corresponding to job positions shall be carried out in the following cases:
a) A person recruited to a job position;
b) A civil servant appointed to a leadership or management position or assigned to a job position where the grade corresponding to that job position differs from the grade currently held.
3. Assignment to civil servant grades must ensure compatibility with the ratio of civil servants needed to be arranged according to each job position within the employing agency as prescribed by the Government.
Section 3
ASSESSMENT OF CIVIL SERVANTS
Article 25. Implementation of Civil Servant Evaluation
1. Principles of implementation of evaluation:
a) Evaluation must ensure democracy, transparency, fairness, clarity, objectivity, continuity, and multi-dimensional assessment;
b) Evaluation content must be quantified maximally regarding progress, quality, and effectiveness linked to the job position;
c) Application of science, technology, and digital transformation in monitoring, evaluating, and classifying the quality of civil servants.
2. Authority to evaluate:
a) The head of the agency, organization, or unit employing the civil servant has the responsibility to evaluate subordinate civil servants;
b) The evaluation of the head of the agency, organization, or unit shall be conducted by the head of the directly supervising superior agency, organization.
3. Methods of evaluation:
a) Continuous, multi-dimensional, and quantitative monitoring and evaluation using specific criteria linked to the progress and quality of results and products according to each job position;
b) Annual quality assessment and classification.
4. Content of evaluation:
a) Political and moral qualities, public service culture; discipline awareness in performing public duties; compliance with laws and regulations on civil servants and public duties and internal rules of the agency, organization, or unit;
b) Professional and vocational competence required by the job position; ability to meet regular and urgent task requirements; sense of responsibility in performing public duties; attitude towards serving citizens and businesses for job positions directly interacting with them; ability to cooperate with colleagues;
c) Ability to innovate, creativity, courage to think, act, and take responsibility for the common good in performing public duties;
d) Results of task performance through quantity, quality, and progress of products according to the job position;
đ) Other content as required by the job position. In addition to the above content, leaders and managers are also evaluated based on the performance of the agency, organization, or unit or field they lead or manage; ability to organize and implement tasks; capability to unite and mobilize cadres, civil servants, staff members, and workers under their authority.
5. The Government shall provide detailed regulations on this matter.
Article 26. Quality Classification
1. Based on the results of monitoring and evaluation, civil servants shall be classified annually according to the following levels:
a) Outstanding performance;
b) Good performance;
c) Satisfactory performance;
d) Unsatisfactory performance.
2. The results of quality classification must be notified to the individual civil servant, made public within the agency, organization, or unit, and recorded in the civil servant's file.
Article 27. Utilization of Monitoring, Evaluation, and Quality Classification Results for Civil Servants
1. Based on the results of monitoring, evaluation, and quality classification, the competent authority shall consider and decide:
a) Implement training, development, planning, transfer, appointment, reappointment, or placement in a higher position; implement salary systems and other policies as prescribed by law and regulations of the competent authority;
b) Implement rewards, additional income, and bonuses as prescribed;
c) Consider and place in a lower position or terminate employment for cases where tasks are not completed or requirements are not met.
2. The Government shall provide detailed regulations for this Article.
Section 4
TRAINING AND DEVELOPMENT OF CIVIL SERVANTS
Article 28. Responsibilities of Agencies, Organizations, and Units in Training and Development of Civil Servants
1. Based on job position requirements and human resource development needs, the civil service management agency shall be responsible for developing plans and assigning civil servants to participate in training and development.
2. The agency using civil servants shall be responsible for creating conditions for civil servants to participate in training and development according to the plan.
3. Training and development funds shall be provided from the state budget and other sources as prescribed by law.
4. The Government shall provide detailed regulations on this matter.
Article 29. Responsibilities and Benefits of Civil Servants in Training and Development
1. Civil servants shall be responsible for self-study and participation in training and development classes according to the plan to improve their qualifications.
2. Civil servants participating in training and development must comply with the training and development regulations of the training and development institution and the agency sending them for such activities.
3. Civil servants assigned to participate in training and development shall enjoy benefits and policies as prescribed by law.
4. If a civil servant who has been trained voluntarily leaves or terminates their employment, they must compensate for the training costs as prescribed by law.
5. The Government shall provide detailed regulations on this matter.
Section 5
TRANSFER, APPOINTMENT, ROTATION, DETACHMENT, RESIGNATION, REMOVAL FROM OFFICE, AND TERMINATION OF EMPLOYMENT FOR CIVIL SERVANTS
REMOVAL FROM OFFICE AND RELIEF FROM DUTY FOR CIVIL SERVANTS
Article 30. Transfer, Rotation, and Detachment of Civil Servants
1. The transfer, rotation, and detachment of civil servants must be based on their political qualities, ethics, capabilities, professional qualifications, and the needs of agencies, organizations, and units.
2. A transferred civil servant belongs to the establishment of the receiving agency, organization, or unit; a detached civil servant still belongs to the establishment of the sending agency. Rotation shall be implemented for leadership and management civil servants according to job requirements based on the cadre planning approved by the competent authority.
3. The Government shall provide detailed regulations on this Article.
Article 31. Appointment, Resignation, Removal from Office, and Termination of Employment for Leadership and Management Civil Servants
1. The appointment of a civil servant to a leadership or management position shall be carried out by a decision of the competent authority. In the case of a new leadership or management position appointment, the incumbent automatically resigns from the current leadership or management position, except in cases of兼任。
2. The term of appointment for a civil servant in a leadership or management position is five years. For certain special positions, the term may be less than five years as prescribed by relevant laws or regulations of the competent authority. Upon expiration of the term, the competent authority must consider reappointment or non-reappointment, except when not considered or reappointed as prescribed by law and regulations of the competent authority.
3. Resignation, removal from office, termination of employment, and related matters for leadership and management civil servants shall be carried out according to the regulations of the competent authority and the Government.
Chapter 6
TERMINATION OF EMPLOYMENT AND RETIREMENT FOR CIVIL SERVANTS
Article 32. Resignation and Retirement for Civil Servants
1. Civil servants may resign in the following cases:
a) At their personal request and with the consent of the competent authority. Resignation shall not be granted to civil servants who are under disciplinary review or criminal prosecution, or in other cases as prescribed by law or by the competent authority;
b) Failure to complete tasks or meet job requirements as stipulated in point c, Clause 1, Article 27 of this Law to the extent that resignation is necessary.
2. Civil servants are entitled to retirement according to the Labor Code, except in cases as prescribed by the competent authority.
3. The authority, procedures, and formalities for resignation and retirement, as well as benefits and policies for civil servants who resign or retire, shall be implemented in accordance with the regulations of the competent authority and the Government.
Chapter V
REWARD AND DISCIPLINARY ACTION
Article 33. Awards for Cadres and Civil Servants
1. Cadres and civil servants who achieve outstanding results in their duties shall be awarded in accordance with the laws on competition and rewards.
2. Cadres and civil servants who are awarded for outstanding achievements or meritorious service shall be eligible for salary increases ahead of schedule, receive monetary awards from the award fund of their agencies, organizations, or units, and be given priority when considering promotion to higher positions if there is a need as prescribed by the competent authority and the Government.
Article 34. Exemption from Liability for Cadres and Civil Servants
1. Cadres and civil servants may be considered for exemption from liability in the following cases:
a) They must comply with unlawful decisions of superiors but have reported as required under Clause 5, Article 7 of this Law;
b) They have performed in accordance with the provisions on authority, procedures, and formalities, without personal gain during the performance of their duties, but still caused damage due to objective reasons;
c) They have implemented innovative proposals approved by the competent authority and recognized by the competent authority as having been carried out in accordance with policy, with clear motives, for the common good;
d) Due to force majeure as defined by law;
e) Other cases as prescribed by law and the competent authority.
2. The process of exempting cadres and civil servants from liability shall be carried out in accordance with relevant laws and the regulations of the competent authority.
Article 35. Disciplinary Measures for Cadres
1. Cadres who violate the provisions of this Law and other related laws shall, depending on the nature and severity of the violation, be subject to one of the following disciplinary measures:
a) Reprimand;
b) Warning;
c) Dismissal from office, applicable to cadres appointed, nominated, or designated to hold positions or titles;
d) Removal from office.
2. Cadres sentenced to imprisonment by a court without probation or convicted of corruption offenses shall be automatically removed from office from the date the judgment or decision becomes legally effective; cadres sentenced by a court and whose judgments or decisions have become legally effective shall automatically cease holding elected, appointed, designated, or nominated positions.
3. The application of disciplinary measures, authority, procedures, and formalities for disciplinary actions against cadres shall be implemented in accordance with the law, the Party of Vietnam's Charter, the Vietnam Fatherland Front's Charter, political-social organizations' regulations, and documents of competent authorities.
Article 36. Forms of Disciplinary Measures for Civil Servants
1. Civil servants who violate the provisions of this Law and other relevant laws shall be subject to one of the following forms of disciplinary measures depending on the nature and severity of the violation:
a) Reprimand;
b) Warning;
c) Removal from office, applicable to leading and managing civil servants;
d) Compulsory resignation.
2. A civil servant sentenced by a court to imprisonment without probation or convicted of corruption offenses shall be automatically dismissed from service from the date the judgment or decision becomes legally effective; a leading or managing civil servant who commits a crime and is sentenced by a court with the judgment or decision having become legally effective shall automatically cease holding the appointed position.
3. The Government shall provide detailed regulations on this Article and other contents related to disciplinary measures.
Article 37. Time Limit and Duration for Disciplinary Measures
1. The time limit for disciplinary measures is the period during which, if exceeded, a civil servant who has committed a violation will not be subject to disciplinary measures. The time limit for disciplinary measures is calculated from the date of the violation. Except for cases provided for in Clause 2 of this Article, the time limit for disciplinary measures is specified as follows:
a) Five years for violations that require a reprimand disciplinary measure;
b) Ten years for violations not falling within the case specified in point a of this clause.
2. Violations that do not apply the time limit for disciplinary measures:
a) Party members among cadres and civil servants who commit violations to the extent that they must be disciplined by expulsion;
b) Committing violations concerning internal political security work;
c) Actions infringing upon national interests in the fields of defense, security, and foreign affairs;
d) Using fake or illegal certificates, diplomas, or certificates of confirmation.
3. The duration for disciplinary measures against cadres and civil servants is the period from when the violation is discovered until the competent authority makes a disciplinary decision. The duration for disciplinary measures shall not exceed ninety days; in cases where the matter involves complex circumstances requiring additional investigation and verification, the duration for disciplinary measures may be extended but shall not exceed one hundred and fifty days.
4. In cases where an individual has been indicted, prosecuted, or had a decision made to bring them to trial under criminal procedure but subsequently has a decision to terminate the investigation or close the case, and the violation indicates a disciplinary offense, they will be subject to disciplinary measures. The time spent investigating, prosecuting, and trying under criminal procedure does not count towards the time limit for disciplinary measures.
Article 38. Other Provisions Related to Disciplinary Measures for Cadres and Civil Servants
1. Depending on the degree of violation and form of disciplinary measure, cadres and civil servants subject to disciplinary measures shall also be subject to corresponding provisions regarding appointment to higher positions, recruitment regulations, dismissal, salary, bonuses, and other related provisions.
2. Cadres and civil servants during the period of disciplinary measures, under investigation, prosecution, or trial shall not be nominated, proposed, appointed, transferred, rotated, seconded, trained, or further educated according to the provisions of the law and the competent authorities.
3. Cadres and civil servants removed from office due to corruption shall not be appointed to leadership or management positions.
4. In cases where disciplinary measures are imposed for actions unrelated to official duties, it shall not be considered a basis for classification of quality in the annual assessment.
5. The Government shall provide detailed regulations on this matter.
Article 39. Temporary Suspension of Work for Cadres and Civil Servants
The head of the competent agency or organization may decide to temporarily suspend work for cadres and civil servants in cases where there are signs of violations detected while performing their duties or upon the proposal of a competent agency or organization.
The Government shall provide detailed regulations on this matter.
Chapter VI
MANAGEMENT OF OFFICIALS AND CIVIL SERVANTS
Article 40. Content of management of cadres and civil servants
1. Issuing, submitting to competent authorities for issuance, and organizing implementation of normative legal documents on cadres and civil servants.
2. Defining positions and titles of civil servants; establishing, managing job positions and the ratio of civil servants to be assigned according to each job position.
3. Managing and utilizing cadre and civil servant quotas.
4. Recruitment, planning, appointment, reappointment, nomination for election, reelection, designation, transfer, rotation, secondment; temporary suspension from duty, removal from office; resignation, dismissal, removal from office, disciplinary action.
5. Utilizing, assigning tasks, arranging, inspecting, evaluating, temporarily suspending work; training, further education, commendation, reward; implementing salary systems, termination of employment, retirement, and other policies.
6. Inspecting and supervising civil service activities and handling complaints and denunciations as prescribed by law.
7. Implementing other management contents in cadre work within the scope of authority.
8. Applying science, technology, digital transformation in managing cadres and civil servants; building, managing, and exploiting national databases on cadres and civil servants.
9. Delegating and authorizing implementation of management contents of cadres and civil servants.
Article 41. Authority to manage cadres and civil servants
1. Management of cadres and civil servants shall be carried out in accordance with this Law, other relevant laws, the Charter of the Communist Party of Vietnam, the Vietnam Fatherland Front, political and social organizations, and documents of competent agencies and organizations.
2. The Government shall uniformly manage state administration over civil servants; implement management of cadres and civil servants in state agencies.
3. The Standing Committee of the National Assembly, competent agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, and political and social organizations within their functions and tasks shall implement management of cadres and civil servants according to the delegation of competent agencies and as prescribed by the Government.
4. Cadre and civil servant management agencies shall exercise the authority prescribed in this Law and other authorities according to the delegation of the Government.
5. Agencies using cadres and civil servants shall exercise the authority prescribed in this Law and other authorities according to the delegation and authorization of cadre and civil servant management agencies.
Article 42. Files and management of files of cadres and civil servants
1. Files of cadres and civil servants include paper files and electronic files, managed on the information system on cadres and civil servants and approved, updated into the national database on cadres and civil servants. Cadre and civil servant files must contain all components as prescribed, ensuring accurate records of the career and work process of cadres and civil servants and stored in accordance with the law.
2. Cadres and civil servants are responsible for supplementing personal information as prescribed when there are changes; competent agencies and organizations shall approve, update into the cadre and civil servant files and synchronize with the national database on cadres and civil servants.
3. Competent agencies of the Communist Party of Vietnam shall guide the establishment and management of files of cadres and civil servants under their management.
4. The Government shall provide detailed regulations on this matter.
Chapter VII
IMPLEMENTING PROVISIONS
Article 43. Application of the Civil Servant Law to other subjects
1. Competent agencies of the Communist Party of Vietnam, the Standing Committee of the National Assembly, and the Government shall specify the application of this Law to those elected but not falling under the provisions of Clause 1, Article 2 of this Law; supplementary allowances for those who have retired but are elected to hold positions and titles of cadres.
2. Competent agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, and the Government shall specify the application of this Law to those working in associations assigned tasks by the Party and State.
3. Handling of violations during the tenure of cadres and civil servants who have retired or resigned shall be regulated as follows:
a) All violations during the tenure of cadres and civil servants who have retired or resigned shall be handled according to the law;
b) Depending on the nature and severity, violators may be criminally prosecuted, administratively sanctioned, or disciplined;
c) Cadres and civil servants found to have violated during their tenure after retiring or resigning shall bear one of the disciplinary forms of reprimand, warning, or disqualification from the position held, corresponding to the legal consequences associated with the form of disciplinary action.
The Government shall provide detailed regulations on this matter.
Article 44. Implementation Provisions
1. This Law takes effect from July 1, 2025, except as provided in Clause 2 of this Article.
2. Provisions on evaluation of civil servants in Section 3, Chapter IV of this Law shall be implemented from January 1, 2026.
3. The Civil Servant Law No. 22/2008/QH12, amended and supplemented by Law No. 52/2019/QH14, shall cease to be effective from the date this Law takes effect.
4. The Standing Committee of the National Assembly, the Government, and other competent agencies shall provide detailed regulations on the provisions delegated in this Law.
Article 45. Transitional Provisions
1. Civil servants at the commune level who were elected or recruited before this Law takes effect shall be transferred to become civil servants under this Law if they meet the required educational qualifications, and shall be assigned to work at agencies, organizations, units within the political system at the commune level formed after restructuring, within the staffing quota of their place of work, and shall implement staff reduction within five years in accordance with the Government's regulations and guidance from the competent authority.
2. By no later than July 1, 2027, ministries, sectors, central agencies, and local agencies must complete the assignment to job positions and classification of ranks corresponding to those positions for civil servants recruited before this Law takes effect, in accordance with the management scope stipulated by this Law.
3. From the date this Law takes effect, individuals undergoing probationary training in accordance with the Civil Servants Law No. 22/2008/QH12, as amended and supplemented by Law No. 52/2019/QH14, shall be classified into the appropriate civil servant rank corresponding to the recruited position.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, ninth meeting on June 24, 2025.
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