Decree No. 85/2023/ND-CP amends and supplements some articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, utilization, and management of civil servants.

DECREE

Amending and supplementing some articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, utilization, and management of civil servants

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Based on the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

Pursuant to the Law amending and supplementing some articles of the Law on the Organization of the Government and the Law on the Organization of Local Authorities dated November 22, 2019;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law amending and supplementing some articles of the Law on Cadres and Public Officials and the Civil Servant Law dated November 25, 2019;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.115/2020/NĐ-CP dated September 25, 2020 on recruitment, utilization, and management of civil servants

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

“2. The head of a public service unit as stipulated in Clause 1 Article 7 of this Decree or the competent authority managing the public service unit as stipulated in Clause 2 Article 7 of this Decree or the head of the agency or unit authorized to establish the recruitment plan and decide according to their authority or report to the civil servant management agency for approval as the basis for recruitment before each recruitment period. The contents of the recruitment plan include:

a) The number of staff assigned to work and the number of unfilled positions in the public service unit;

b) The number of positions needed to be recruited at each job position, including determining the positions where candidates can register two preferences. Positions where candidates can register two preferences must have the same standards and conditions, the same examination board, apply the written examination form (round 2) and share the same test questions;

c) The number of positions needed to recruit ethnic minority candidates (if any), clearly specifying the quota and ethnic structure to be recruited;

d) Standards and conditions for registering to participate in recruitment at each job position;

đ) Forms and contents of the recruitment examination or selection;

e) Other contents (if any).

A public service unit as stipulated in Clause 1 Article 7 of this Decree shall establish and decide on the recruitment plan in accordance with the provisions of this clause without having to report to the competent authority managing the public service unit for approval.”

2. Supplement Point d following Point c Clause 1 Article 6 as follows:

“d) Trade union officers who have grown from the grassroots level and in the workers' movement: Shall be granted 1.5 points added to the round 2 result.”

3. Amend and supplement Point d Clause 2, Point a Clause 3 and Clause 4 Article 8 as follows:

“2. In cases where the competent authority managing the public service unit conducts recruitment, the Recruitment Board shall consist of 5 or 7 members, including:

d) Other members are persons with expertise related to the organization of recruitment, appointed by the head of the recruitment authority.

In cases of recruiting civil servants to work in multiple public service units, the number of members (odd number) and composition of the Recruitment Board shall be decided by the head of the recruitment authority.

3. The Recruitment Board operates under the principle of collective decision-making based on majority rule; in case of equal votes, the decision shall follow the opinion of the Chairman of the Recruitment Board. The Recruitment Board has the following duties and powers:

a) Based on the recruitment form and job requirements, decide on the establishment of appropriate working groups among the following: Registration Review Committee, Examination Question Committee, Examination Supervision Committee, Sealing Committee, Grading Committee, Re-grading Committee (if applicable), Practical Assessment Committee (for oral or practical assessment in round 2). If necessary, the Chairman of the Recruitment Board may establish a Secretariat to assist.

4. No person with a relationship of spouse, parent, child, foster child, sibling, aunt, uncle, cousin, spouse of sibling, spouse of sibling's spouse, or those currently undergoing disciplinary action or implementing disciplinary decisions, or those previously disciplined for corruption or misconduct in cadre work shall be appointed as members of the Recruitment Board or working groups assisting the Recruitment Board.”

4. Amend Article 9 as follows:

“Article 9. Forms, contents, and time of examination

Recruitment examinations for civil servants shall be conducted in two rounds as follows:

1. Round 1: Written test on general knowledge using computer-based multiple-choice questions. The examination consists of two parts, specifically as follows:

a) Part I: General knowledge, 60 questions on understanding laws on civil servants, Party policies, and laws relevant to the industry or field of recruitment. Examination time is 60 minutes.

Candidates who have passed the initial quality assessment according to the regulations on the initial quality assessment of public officials shall be exempted from Part I.

b) Part II: Foreign language, 30 questions based on the requirements of the job position in one of five languages: English, Russian, French, German, Chinese, or another language as required by the job position. Examination time is 30 minutes.

For job positions that do not require foreign language skills as specified in the training and development standards and job descriptions, Part II shall not be organized.

The results of Round 1 are determined based on the number of correct answers for each part as stipulated in Points a and b of this clause; if the candidate scores 50% or more correct answers in each part, they will proceed to Round 2.

2. Round 2: Professional subject examination

a) Examination form: Depending on the nature, characteristics, and requirements of the job position to be recruited, the head of the recruitment authority selects one of three forms: Oral examination or practical examination or written examination.

In the case of choosing a written examination, one of three forms can be selected: Multiple choice, essay, or a combination of multiple choice and essay.

b) Examination content: Testing the knowledge and skills of the candidate's professional activities according to the requirements of the job position to be recruited.

The content of the specialized vocational subject examination must be based on the tasks, standards for professional competence, and vocational qualifications of the occupational position of civil servants, and must be consistent with the requirements of the job positions to be recruited. In the same recruitment examination period, if there are job positions requiring different professional and vocational qualifications, the Recruitment Council must organize the construction of different specialized vocational subject examination questions corresponding to the requirements of the job positions to be recruited. Matters related to the preparation of examination questions must be kept confidential in accordance with the provisions of the law.

c) Examination time: Questioning for 30 minutes (candidates have no more than 15 minutes to prepare, not included in the examination time); writing for 180 minutes (excluding copying time); practical examination time is decided by the head of the recruitment authority based on the nature and characteristics of the occupational activities of the job positions to be recruited.

d) Mark scale (questioning, practical, writing): 100 points.

đ) Based on the needs and specific circumstances of the agency or unit, the head of the recruitment authority decides on higher requirements regarding the content, form, and examination time for the second round of examinations as stipulated in this clause.

3. In cases where foreign language examinations are organized, candidates are not required to submit foreign language certificates; if they achieve satisfactory results, it will be considered as meeting the foreign language criteria.

Exemption from the foreign language examination specified in point b, Clause 1 of this Article applies to the following cases:

a) Holding a degree in a foreign language major (English, Russian, French, German, Chinese, or other languages as required by the job position) at the same level of education or a higher level of education compared to the required level of professional and vocational education for the job position being applied for.

b) Holding a degree at the same level of education or a higher level of education compared to the required level of professional and vocational education for the job position being applied for, having studied abroad or completed studies in a foreign language (English, Russian, French, German, Chinese, or other languages as required by the job position) in Vietnam, recognized by the competent authority or automatically recognized according to the law.

c) Holding a degree in a foreign language major that meets the standard requirements for the job position being applied for or exceeds the foreign language criteria required for the job position.

d) Holding a certificate in a minority ethnic language for applying to a job position directly related to ethnic minorities or a job position working in areas inhabited by ethnic minorities; being an ethnic minority person applying to a job position directly related to ethnic minorities or a job position working in areas inhabited by ethnic minorities.”

5. Amend Article 10 as follows:

“Article 10. Determination of successful candidates in the civil servant recruitment examination

1. Successful candidates in the civil servant recruitment examination must meet the following conditions:

a) Achieving a score of 50 points or above in the second round of the examination.

b) Having a combined score from the second round plus any priority points specified in Article 6 of this Decree (if applicable), which is higher than the selection criteria for the job position, ranked in descending order of scores.

2. In cases where two or more candidates have the same total score as specified in point b, Clause 1 of this Article at the last selection criterion for the job position, the successful candidate is the one who achieves a higher score in the general knowledge examination in the first round (if applicable).

If still unable to determine, the head of the recruitment authority decides the successful candidate.

3. Candidates who apply for two preferences but are not selected in the first preference may be considered for the second preference if the job position registered for the second preference still has remaining recruitment quotas after all first preference applications have been reviewed, including reviewing the second preference of candidates with lower successful scores as stipulated in Clause 4, Article 18 of this Decree.

In cases where two or more candidates have the same score at the second preference, the successful candidate is determined according to the provisions of Clause 2 of this Article.

In cases where the job position still has remaining recruitment quotas after reviewing both preferences, based on the examination results, the Examination Council reports to the head of the recruitment authority to decide on the recruitment of candidates with lower successful scores immediately adjacent to the successful score of the candidate in another job position within the same organization, but with the same criteria and conditions as the job position with remaining recruitment quotas, the same Examination Council, and the same examination format or writing (second round) and the same examination questions. Candidates recruited in this case must meet the requirements specified in point a, Clause 1 of this Article. For job positions without any applicants, the head of the recruitment authority decides on recruitment according to this provision.

4. Candidates who are not recruited in the civil servant recruitment examination specified in this Article shall not retain their examination results for future recruitment examinations.”

6. Amending and supplementing Article 11 as follows:

“Article 11. Content and Form of Civil Servant Recruitment Review

Civil servant recruitment review is conducted in two rounds as follows:

1. Round 1: Checking the application form for registration to participate in the selection according to the requirements of the position to be recruited, if the candidate meets all the requirements, they will proceed to Round 2.

In cases where job positions require foreign language proficiency as part of the educational qualification, training, and job description and competency framework, the recruitment authority must clearly announce the requirements for foreign language diplomas and certificates. If any of the diplomas or certificates specified in Clause 3, Article 9 of this Decree are available, they can be used as substitutes. If there are no suitable foreign language diplomas or certificates, the Recruitment Review Council organizes an assessment to evaluate foreign language proficiency according to the recruitment requirements.

The Recruitment Council checks the fulfillment of foreign language requirements based on the information declared by the applicant in the Application Registration Form. After being selected, the successful candidate must submit copies of the foreign language diplomas and certificates as specified in Clause 1, Article 17 of this Decree.

2. The second round is conducted as specified in Clause 2, Article 9 of this Decree.”

7. Amend Article 13 as follows:

“Article 13. Acceptance into Civil Service Positions

1. On the basis of the conditions for registering to apply for civil servant positions and according to the requirements of the job positions to be recruited, the head of the agency with the authority to recruit decides to accept into the civil service for cases meeting the standards and conditions of the job position, specifically as follows:

a) A person who has worked for five years or more in a specialized or professional job suitable for the job position intended to be accepted at the agency, organization, or unit established in accordance with the law.

The working time specified in this point is the time spent working in a specialized or professional job suitable for the job position intended to be accepted in accordance with the law, with mandatory social insurance contributions, excluding the probation period as stipulated in Article 21 of this Decree.

In the case where the probation or trial work period at the current job position, as prescribed by law, is shorter than the probation period of the job position to be accepted as stipulated in Clause 2, Article 21 of this Decree, the difference in time shall be counted towards the probation period.

In the case of non-continuous working time without receiving a one-time social insurance benefit, such time can be accumulated.

b) Village-level cadres and civil servants currently working in a job suitable for the job position intended to be accepted.

c) A person who was previously a cadre, civil servant, or civil servant, then transferred to work at other agencies, organizations, or units by a competent authority's decision in writing, but still works in a job suitable for the job position intended to be accepted.

d) A person who has graduated with a doctorate degree or higher (recognized by the competent authority in accordance with the regulations), currently working at an agency or organization with a branch established abroad or at a foreign agency or organization with a branch established in Vietnam, having a relevant field of study suitable for the job position to be recruited, and having worked for three years or more in a specialized or professional job suitable for the job position intended to be accepted.

đ) A person with special talent or aptitude suitable for the job position in cultural, artistic, sports, traditional craft fields as prescribed by the sectoral management ministry.

e) A person who studied under the state-sponsored education system as prescribed by law, and returned to work at the local area from which they were sent to study after graduation.

The agency with the authority to recruit or delegated recruitment authority may establish higher standards and conditions based on the specific characteristics of their own agency, organization, or unit for the cases of acceptance prescribed in this clause.

2. Procedure for considering acceptance into the civil service

a) When considering acceptance into the civil service without holding a managerial position for the cases prescribed in points a, b, and e of Clause 1 of this Article, the head of the agency with the authority to recruit establishes a Review and Examination Board. The composition of the Review and Examination Board is carried out in accordance with Article 8 of this Decree.

b) The Review and Examination Board performs the following tasks:

Checking the conditions, standards, diplomas, and certificates of the person proposed for acceptance in accordance with the requirements of the job position to be recruited.

Organizing an examination of general knowledge and professional competence of the person proposed for acceptance. The Review and Examination Board must report to the head of the agency with the authority to recruit for approval on the form and content of the examination before implementation.

The Review and Examination Board operates on the principle of collective decision-making by majority vote; in the event of a tie vote, the decision is made according to the opinion of the Chairman of the Review and Examination Board who voted; the Review and Examination Board decides to establish a Secretariat team when necessary.

If the job position does not require language proficiency, there is no need to conduct a language examination.

Reporting to the head of the agency with the authority to recruit about the results of the review and examination.

The Examination and Assessment Board dissolves itself after completing its tasks.

c) The head of the agency with the authority to recruit makes the decision within their authority.

3. Documents of the person proposed for acceptance into the civil service:

a) Personal curriculum vitae in accordance with the current regulations, established within thirty days prior to the date of submitting the acceptance application, with confirmation by the competent authority;

b) Copies of diplomas and certificates required for the job position to be recruited;

c) Health certificate issued by a competent health authority within thirty days prior to the date of submitting the acceptance application;

d) Self-assessment and evaluation by the person proposed for acceptance regarding political and moral qualities, professional qualifications and capabilities, and work history, confirmed by the head of the agency, organization, or unit where they work (if applicable).

4. The procedure prescribed in Clause 2 of this Article shall not be implemented in the following cases:

a) Accepting cases prescribed in Clause 1 of this Article for appointment to managerial positions. The appointment decision is also the acceptance decision into the civil service.

b) Accepting cases prescribed in points c, d, and đ of Clause 1 of this Article.

5. In the case where a person is recruited or accepted into the civil service in accordance with this Decree and had previously worked in accordance with the law, with mandatory social insurance contributions (if the working time was not continuous and they have not received a one-time social insurance benefit, it can be accumulated), that time will be considered as the basis for determining salary according to the appropriate occupational title if all conditions are met as prescribed.

The Ministry of Home Affairs shall provide guidance on salary determination for the cases prescribed in this clause.”

8. Add point e after point đ of Clause 2 and add Clause 6 after Clause 5 of Article 14 as follows:

“2. Contents of the recruitment announcement include:

e) Job positions for which two preferences can be registered (Application Form No. 01 issued together with this Decree).

6. The agency with the authority to recruit determines the job positions registered for preference 1 and preference 2 if the following conditions are met:

a) Job positions with the same standards and conditions but recruited for different using agencies or units;

b) Within the same Recruitment Board;

c) The examination method, form, content are the same;

d) Already included in the plan approved by the competent authority.”

9. Amend Point b Clause 3 Article 15 as follows:

“b) Organize the first round examination:

Candidates will be notified of the results of the first round immediately after the examination time ends. There shall be no review of the results of the first round examination.”

10. Amend Clause 1 Article 17 as follows:

“1. Within thirty days from the date of receiving the notification of successful recruitment, the successful candidate must complete the recruitment file, including:

a) Copies of diplomas and certificates required for the applied position, and certificates of preferential treatment (if any);

In case there is one of the diplomas or certificates specified in Clause 3 Article 9 of this Decree, such diploma or certificate may be used to replace the foreign language certificate.

b) Certificate of criminal record number 1 issued by the competent authority.”

11. Amend and supplement Clause 4 Article 18 as follows:

“4. Within thirty days from the end of the deadline stipulated in Clause 2 of this Article, the head of the competent authority recruiting shall publicly announce on the electronic information website or the Government Portal of the competent authority recruiting and send notifications to those candidates who have lower recruitment results than the nearest successful candidate (in order) whose recruitment result has been canceled according to Clause 2 of Article 17 of this Decree or Clause 3 of this Article to complete their files, issue recruitment decisions, and sign employment contracts. If the quota is not filled within the thirty-day period stipulated herein based on the first preference, then the second preference will be considered according to Clause 3 of Article 10 of this Decree.

In case a new recruitment need arises immediately after the recruitment period for a job position with the same requirements as the applied position, within twelve months from the date of approving the recruitment plan, the head of the competent authority recruiting may consider and decide to recruit the nearest candidate with lower recruitment results until the recruitment need is met.

In case two or more candidates have the same lower recruitment results, the head of the competent authority recruiting shall decide the successful candidate according to Article 10 of this Decree.”

12. Amend Clause 5 Article 21 as follows:

“5. Recruitment into civil servant positions without undergoing the probationary period if the following conditions are met:

a) Assigned to work in accordance with the trained major and previous professional field;

b) The working time in the previous professional field complies with the legal regulations, with mandatory social insurance contributions (if not continuous, they can be accumulated), equal to or greater than the probationary period stipulated in Clause 2 of this Article.

In case the condition at point a is met but the working time does not meet the requirement at point b, the working time will be deducted from the probationary period stipulated.

For cases that do not undergo the probationary period, they shall enjoy 100% salary and allowances (if any). The head of the public institution must assign the civil servant to attend a training course to meet the standards and conditions of the civil servant position before appointment.”

13. Amend Clause 1 Article 23 as follows:

“1. During the probationary period, the probationer shall receive 85% of the Level 1 salary of the recruited civil servant position.

In case the probationer holds a higher degree than the required level for the recruited position, each higher level will be added one salary grade and the probationer shall receive 85% of the salary coefficient of the assigned grade. Allowances shall be granted according to the legal provisions.”

14. Amend Clause 1 and add Clause 4 after Clause 3 Article 25 as follows:

“1. The probationer's employment contract will be terminated and the recruitment decision revoked if they fail to meet the requirements after the probationary period or engage in misconduct related to professional ethics and activities to the extent requiring disciplinary action under the law.

4. Other cases as prescribed by law.”

15. Amend Article 27 as follows:

“Article 27. Assignment of Civil Servants

1. Assignment of civil servants shall be carried out in the following cases:

a) In response to urgent tasks;

b) To perform work that needs to be resolved within a specific period of time.

2. The assignment period shall not exceed three years. For special sectors, the assignment period shall comply with the specialized laws. Upon completion of the assignment period, the agency or unit sending the civil servant for assignment shall review and decide whether to terminate or extend the assignment period.

3. The civil servant assigned for duty shall be subject to the allocation, arrangement, evaluation, and inspection of tasks by the agency, organization, or unit where they are assigned.

4. Authority for assigning civil servants:

a) The head of the competent authority recruiting as stipulated in Article 7 of this Decree decides on the assignment of civil servants.

b) Assigning civil servants to perform duties in positions of public officials requires the consent of the head of the competent authority managing public officials.

5. Procedures and formalities for assigning civil servants:

a) Step 1: Exchange opinions with the leadership body receiving the assigned civil servant;

b) Step 2: Meet with the civil servant to discuss the assignment policy and specific tasks;

c) Step 3: Submit to the competent authority for review and decision.

6. The assigned civil servant shall enjoy the rights stipulated in Clause 4, Clause 5, and Clause 6 of Article 36 of the Civil Servant Law. In case the agency, organization, or unit receiving the assigned civil servant has special policies, in addition to the salary and other benefits paid by the agency or unit assigning the civil servant, the civil servant shall also enjoy special policies paid by the receiving agency, organization, or unit.”

16. Amend Article 32 as follows:

“Article 32. Standards and Conditions for Registering to Apply for Promotion to Higher Position

1. A civil servant may register to apply for promotion to a higher position when meeting the following standards and conditions:

a) Classified as having completed tasks at a good level or higher in the immediate preceding year of work before the year under consideration for promotion to a higher occupational rank; possessing good political qualities and professional ethics; not within the period of disciplinary action; not during the time implementing relevant disciplinary regulations as prescribed by the Party and the law;

b) Possessing the capacity and professional qualifications necessary to assume a higher occupational rank in the same field of profession;

c) Meeting the requirements regarding academic degrees, certificates, and other requirements stipulated in the criteria for the occupational rank under consideration for promotion. In cases where, at the time of considering promotion, the Ministry managing the occupational rank of specialized civil servants has not yet issued provisions on the content, program, form, and duration of training according to Clause 1, Article 64 of this Decree, then there is no need to meet the requirement regarding the certificate of occupational rank training; the civil servant considered for promotion shall be deemed to meet the criteria and conditions for the rank being considered;

d) Meeting the minimum time requirement for holding a lower occupational rank immediately below the rank under consideration for promotion, as required by the criteria for the occupational rank under consideration for promotion, except in cases where the occupational rank under consideration does not have a lower rank immediately below it according to the regulations at the time of consideration;

In cases where, prior to recruitment or acceptance, the civil servant has worked for a certain period of time (excluding the probationary period as prescribed in Clause 2, Article 21 of this Decree) in accordance with the law, has contributed to compulsory social insurance, and has worked in a position requiring appropriate professional qualifications (if the working period is not continuous and has not received a lump-sum social insurance benefit, the periods can be accumulated), and that period is counted as the basis for determining salary at the current occupational rank, such time shall be considered equivalent to the current occupational rank held;

In cases where equivalent time is calculated, there must be at least twelve months of holding a lower occupational rank immediately below the rank under consideration up to the deadline for submitting the application for promotion;

2. In addition to the criteria and conditions specified in Clause 1 of this Article, the Ministry managing the occupational ranks of specialized civil servants shall be responsible for specifying detailed criteria and conditions for considering promotion to Rank II and Rank I, linked to the requirements of the positions corresponding to the occupational rank under consideration, ensuring the quality improvement of the workforce and the rights of civil servants;

The Ministry of Home Affairs shall specify detailed criteria and conditions for considering promotion to Rank II and Rank I applicable to administrative civil servants, clerical civil servants, and archival civil servants;

Civil servants holding Rank V and Rank IV who are considered for promotion to a higher occupational rank immediately above if they are currently working in a position suitable for the occupational rank under consideration and meet the criteria and conditions for consideration as stipulated in Clause 1 of this Article;

In cases where the civil servant is currently ranked in an occupational rank that is no longer provided for under current laws, they may be considered for promotion to a higher occupational rank immediately above the current rank if they are working in a suitable position and meet the criteria and conditions as stipulated in Clause 1 of this Article. This provision does not apply to cases involving changes in the occupational rank code.";

17. Amend Article 33 as follows:

"Article 33. Allocation and delegation of organization for promotion to occupational ranks and management and utilization authority of civil servants in public service units

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, municipal People's Committees directly under the central government:

a) Decide on promotion quotas consistent with job positions and the approved structure of civil servants by occupational rank;

b) Take the lead in organizing or delegating and authorizing the promotion of occupational ranks from Rank I downwards for civil servants working in public service units under their management, except for cases stipulated in points b and c of Clause 2 of this Article.

2. Heads of public service units as stipulated in Clause 1 of Article 7 of this Decree:

a) Organize the promotion of Rank I occupational ranks classified as type A3 according to delegated and authorized levels;

b) Organize the promotion of Rank I occupational ranks classified as type A2 and ranks from Rank II downwards for civil servants working in public service units consistent with job positions and the approved structure of civil servants by occupational rank;

c) Decide on appointment to occupational ranks, salary classification, salary increment (regularly or ahead of schedule), and additional allowances exceeding the framework for civil servants holding ranks from Rank I downwards (including Rank I occupational ranks classified as type A3) within their management scope;

3. The allocation and delegation of organization for promotion to occupational ranks in public service units of political organizations and political-social organizations shall be carried out in accordance with the regulations of the competent authority of the Party.";

18. Amend and supplement Clause 3 of Article 36 as follows:

"3. Copies of academic degrees and certificates as required by the occupational rank under consideration for promotion.

If the language requirement for the occupational rank under consideration for promotion does not change compared to the requirement for the current occupational rank, there is no need to submit a language certificate.

If one of the certificates specified in Clause 3 of Article 9 of this Decree is available, it may be used instead of the language certificate.";

19. Amend Article 39 as follows:

"Article 39. Content and form of promotion examination

1. Content: Evaluation of meeting the requirements stipulated in Article 32 of this Decree for civil servants under consideration for promotion.

2. Form: Review of application files.";

20. Amend Article 40 as follows:

"Article 40. Determination of successful candidates in the promotion examination

1. The successful candidate in the examination period for promotion is a person who meets the criteria and conditions as stipulated in Article 32 of this Decree, recognized by the head of the agency or unit organizing the promotion examination.

2. In cases where the number of civil servants participating in the promotion examination exceeds the approved quota, the determination of successful candidates shall be made in the following priority order:

a) Civil servants with higher achievements in their professional activities, recognized by the competent authority;

b) Female civil servants;

c) Specialists belonging to ethnic minorities;

d) Older civil servants (calculated based on date, month, and year of birth);

đ) Civil servants with longer tenure.

3. In cases where it is not possible to determine a successful candidate in the promotion examination period, the head of the agency or unit organizing the promotion examination shall report in writing to the head of the agency or unit managing the civil servants and decide on the successful candidate according to the opinion of the head of the agency or unit managing the civil servants.”

21. Supplement Article 40a after Article 40 as follows:

“Article 40a. Notification of Results of Promotion Examination

1. Within fifteen days from the completion of the review of the promotion examination dossier and the determination of the list of successful candidates, the Chairman of the Promotion Examination Board shall submit a report in writing to the head of the agency or unit organizing the promotion examination for approval of the results of the promotion examination and the list of successful candidates.

2. Within five working days from the date of the decision approving the results of the promotion examination, the Promotion Examination Board shall be responsible for notifying in writing the results of the promotion examination and the list of successful candidates to the agencies or units with civil servants participating in the promotion examination; at the same time, publicly announcing on the electronic information website or the Electronic Information Portal of the agency, unit, or organization conducting the promotion examination.”

22. Amend Article 42 as follows:

“Article 42. Appointment and Salary Classification for Successful Candidates in the Promotion Examination for Professional Position

1. Within fifteen days from the receipt of the list of successful candidates in the promotion examination for professional position, the head of the agency with the authority or the person delegated or authorized must implement the appointment and salary classification at the new professional position for the successful candidates in accordance with the regulations.

In cases where a civil servant has been successfully selected in the promotion examination but subsequently is subject to disciplinary review or is disciplined or is indicted, investigated, prosecuted, or tried, the appointment and salary classification at the newly promoted position will not be decided. When the disciplinary period expires without further discipline or after the execution of the disciplinary decision or upon the decision of the competent authority regarding the case of indictment, investigation, prosecution, or trial, the competent authority will decide on the appointment and salary classification at the newly promoted professional position based on the approved organizational structure of civil servants at the time of consideration and decision. The effective date of the new salary, the time for the next salary increment review, and the extension of the time for the next salary increment (if applicable) shall be implemented in accordance with the provisions of the law.

2. The salary classification at the newly appointed professional position shall be carried out in accordance with the provisions of the law.”

23. Amend and supplement Article 43 as follows:

“Article 43. Term of Office

1. The term of office for management positions for each appointment is five years, calculated from the date the appointment decision takes effect, except in cases where the term is less than five years as provided by specialized laws.

2. Management civil servants may be reappointed without limitation to hold a management position, except in cases where there are other provisions by the Party or specialized laws.”

24. Amend Article 44 as follows:

“Article 44. Criteria and Conditions for Appointment

1. Ensuring general criteria as prescribed by the Party and the law, and specific criteria for the appointed position as prescribed by the competent authority.

2. For personnel from the current source, they must be planned for the appointed position or equivalent or higher positions. For personnel from other sources, they must be planned for equivalent or higher positions. Special cases are reviewed and decided by the competent authority.

In cases where a newly established unit has not yet completed the approval of the planning, it shall be reviewed and decided by the competent authority.

3. Having a minimum of two years (twenty-four months) of service in the current position or an equivalent position, if not continuous, the periods can be cumulatively counted (only cumulative counting for equivalent positions), except for initial appointments. Special cases are reviewed and decided by the competent authority.

4. Having personal files and resumes verified, and declarations of assets and income as required.

5. Age requirements for appointment:

a) Civil servants proposed for initial appointment to a managerial position or proposed for appointment to a higher managerial position must meet the age requirement to serve the full term of appointment. The age calculation for appointment is carried out in accordance with the provisions of the competent authority.

Special cases are reviewed and decided by the competent authority;

b) Civil servants appointed to a new position equivalent to or lower than the current position are not subject to the age requirements set forth in point a of this clause.

6. Being in good health to fulfill assigned tasks and responsibilities.

7. Not belonging to any prohibited categories, not currently under disciplinary action, not being indicted, investigated, prosecuted, or tried, and not within the period of implementing related disciplinary measures as prescribed by the Party and the law.

8. Civil servants who have been disciplined during their term of office shall not be appointed or recommended for candidacy for a higher position within the period specified by the Party and the law.”

25. Amend Article 46 as follows:

“Article 46. Procedures and Formalities for Appointing Management Civil Servants

1. Requesting Approval for Appointment

a) Agencies or units requiring the appointment of management civil servants shall request approval from the competent authority for appointment in writing, specifying the position and title to be filled, the proposed appointee, and the intended assignment of specific areas and tasks.”

b) Within ten working days from the date of receipt of the request, the competent authority shall examine and decide on the policy for appointment.

c) Within thirty working days from the date of the document agreeing with the policy for appointment, the agency, organization, or unit must complete the personnel process in accordance with the regulations.

2. Implementing the appointment process for in-house personnel sources:

The appointment process for in-house human resources includes five steps; meetings may only be held when at least two-thirds of those summoned are present. The participants shall be determined according to this clause, except in cases provided for in Clause 2 of Article 47 of this Decree.

a) Step 1: First Leadership Body Meeting

Based on the appointment policy, the requirements of the unit, and the planned human resources, the head shall preside over discussions with the leadership team to review and agree on the structure, number, criteria, conditions, and personnel process; simultaneously reviewing the results of evaluations and comments on each planned human resource (including individuals planned for positions equivalent or higher) and approving the list of personnel meeting the specified criteria and conditions for recommendation at the next step.

Participants: The leadership team of the agency or unit, including:

The head and deputy heads of public service units; the determination of the head in higher education institutions shall be carried out in accordance with the regulations of the Party and specialized laws.

In cases where the head and deputy heads of public service units are not members of the Standing Committee of the same-level Party Committee (for grassroots Party organizations) or the same-level Party Committee (for basic-level Party organizations) of the agency or unit, then the head of the Standing Committee of the same-level Party Committee (for grassroots Party organizations) or the head of the same-level Party Committee (for basic-level Party organizations) of the agency or unit shall attend.

Based on the delegation of authority for appointment, the representative of the competent authority for appointment shall chair the meeting or delegate the chairmanship of the meeting.

The head of the agency or the department responsible for organizational and cadre affairs of the competent authority for appointment shall attend or delegate a deputy to attend the meeting but shall not vote.

The results of the discussion and proposals shall be recorded in the minutes.

b) Step 2: Expanded Leadership Body Meeting

Based on the structure, number, criteria, conditions, and list of personnel approved at Step 1, the head shall discuss the direction of suitable personnel appointments that meet the unit's requirements for the meeting to discuss and proceed to introduce personnel by secret ballot.

Participants: The leadership team as stipulated in point a of this clause; the Standing Committee of the same-level Party Committee (for grassroots Party organizations) or the same-level Party Committee (for basic-level Party organizations) of the agency or unit; the heads of subordinate units (if any).

Principles of recommendation and selection: Each participant introduces one person for one position; whoever receives the highest number of votes among those receiving more than 50% of the total number of participants' recommendations shall be selected. If no one reaches 50%, all those with at least 30% of the total number of participants' recommendations shall be recommended for the next step. If no one reaches 30% of the total number of recommendations, further steps will not be continued and reported to the competent authority for examination and guidance.

The recommendation ballots for appointment shall be issued by the conference organizing committee, stamped with the seal of the unit. The voting results shall be recorded in the minutes and not announced at this meeting.

c) Step 3: Second Leadership Body Meeting

Based on the nominations from step 2, the leadership body discusses and nominates personnel through secret ballots.

Components: Implemented as per the provisions of step 1.

Principles of recommendation and selection: Each member recommends one person for one position from those recommended at Step 2 or another person who meets the specified criteria and conditions; whoever receives the highest number of votes among those receiving more than 50% of the total number of participants' recommendations shall be selected. If no one reaches 50%, all those with at least 30% of the total number of participants' recommendations shall be recommended for the next step. If no one reaches 30% of the total number of recommendations, further steps will not be continued and reported to the competent authority for examination and guidance.

If the personnel recommended at this step differ from those recommended at Step 2, the leadership team shall convene, discuss, analyze, evaluate, consider, and decide on selecting personnel for recommendation at the next step by secret ballot within their authority and bear responsibility for their decision. The selected individual must be recommended by at least two-thirds of the total number of leadership team members. If no one reaches the required number of votes, further steps will not be continued and reported to the competent authority for examination and guidance.

The recommendation ballots for appointment shall be issued by the conference organizing committee, stamped with the seal of the unit. The voting results shall be recorded in the minutes and announced at this meeting.

d) Step 4: Conference of Key Cadres

Solicit opinions of key cadres based on the list of personnel introduced at Step 3.

Participants: The leadership team as stipulated in point b of this clause; the heads of political-social organizations of public service units; deputy heads of subordinate units (if any).

In cases of appointing management staff of units that are constituent organizations or agencies, units with subordinate units but fewer than thirty people, or agencies, units without constituent organizations, the participants include all staff of the agency or unit.

Procedure for soliciting opinions: Announce the list of personnel recommended at Step 3; summarize the curriculum vitae, educational background, work experience; declare assets and income according to the law; evaluate and comment on strengths, weaknesses, development prospects, and proposed job assignments.

Fill out the recommendation ballot (may sign or not sign). The recommendation ballot shall be issued by the conference organizing committee, stamped with the seal of the unit. The voting results shall be recorded in the minutes and not announced at this meeting.

đ) Step 5: Leadership Collective Conference (third time)

Prior to holding the meeting, the agency or unit shall submit a document requesting the Standing Committee of the Party Committee, Branch Committee, or Party Committee, Branch (where there is no Standing Committee or Branch Committee) to provide written evaluations and comments on the personnel; conduct verification and conclude new issues arising (if any) concerning the personnel.

The leadership collective shall discuss and vote on the candidates.

Components: Implemented as per the provisions of step 1.

Procedure: Based on the written evaluation and comments of the Party Committee Standing Committee, branch committee, or party committee, branch; results from meetings; conclusions from verifying new issues arising (if any) concerning the proposed appointee, the leadership body discusses and votes on the candidate by secret ballot.

Selection principle: The person with the highest number of votes among those achieving over 50% of the total number of attendees is selected for appointment. In case two individuals have the same number of votes at 50%, the head will consider and select the appointee; simultaneously reporting all differing opinions to the competent authority for consideration and decision.

The voting ballots for the appointment candidates are issued by the meeting organizing committee and stamped with the unit's seal. Voting results are recorded in the minutes.

The head of the public service institution issues the appointment decision within their authority or submits it to the competent authority for consideration and decision.

3. Appointment process for personnel from other sources:

In cases where the appointee is proposed by the competent authority to be transferred or appointed from outside the agency or organization, or proposed by the agency or organization, the organizational and personnel advisory department shall carry out the following three steps:

Step 1: Exchange opinions with the leadership body of the receiving agency or organization regarding the appointment policy.

Step 2: Exchange opinions with the leadership body of the current workplace regarding the appointment policy. The leadership body of the proposed workplace organizes a vote. The proposed appointee must achieve more than 50% approval from the leadership body; if the ratio is 50%, the head will consider and decide; if below 50%, report to the competent authority for consideration and decision.

Obtain evaluations and comments from localities, agencies, and organizations.

Meet the proposed appointee to discuss job requirements.

Step 3: Lead and coordinate with relevant agencies and organizations to assess the candidate and prepare a report for submission to the competent authority for consideration and decision.

In cases where the candidate meets the prescribed standards and conditions but there are differing opinions or lack of consensus between the agency, organization, or unit (current workplace or proposed workplace) or the proposed appointee, the organizational and personnel advisory department shall report all opinions fully and submit them to the competent authority for consideration and decision.

4. Based on the provisions of Clause 2 of this Article, the regulations of the competent authority on appointment authority, procedures, and conditions specific to public service institutions, the head of the agency authorized to manage civil servants or the head of the agency delegated appointment authority decides specifically on the participants in each step of the appointment process.

26. Amend Article 47 as follows:

"Article 47. Appointment in other cases

1. Appointment in cases of merger, consolidation, division, restructuring, and organizational model conversion:

a) In cases of consolidation, merger, division, restructuring, or model conversion of public service institutions where the position held in the previous public service institution is equivalent to or higher than the proposed position in the new public service institution, or in cases of renaming the public service institution, the competent authority decides on the appointment without having to follow the appointment procedure; the term of appointment is calculated based on the previous appointment decision.

If the term of appointment remaining is less than two years, the competent authority decides on the appointment according to this point or according to point b of this clause.

b) In cases of consolidation, merger, division, restructuring, or model conversion of public service institutions where the position held in the previous public service institution is lower than the proposed position in the new public service institution, the appointment is carried out according to the appointment procedure for appointees from another source. In cases where there is no leadership body of the receiving agency or organization or no longer a leadership body at the current workplace, the competent authority for appointment bases its decision on the approved project and the report from the organizational and personnel advisory department.

c) In cases of merger, restructuring, or model conversion of public service institutions where the management staff has less than two years until retirement age, the appointment is carried out according to the provisions of point a of this clause.

2. The competent authority for appointment leads or authorizes the lead in implementing the appointment procedure for the following cases:

a) Appointing the head or deputy head of a newly established public service institution;

b) In cases where the appointment procedure is implemented and at that time, the public service institution only has one leader who is the head or deputy head, or lacks a leadership position, or implements the appointment procedure for the head;

c) In cases where the appointment procedure is implemented and at that time, the internal leadership of the public service institution is divided, many people violate discipline, making the appointment procedure unfair;

d) In cases where due to natural disasters, accidents, or other force majeure reasons, the public service institution no longer has leaders or managers.

The lead has the right to vote at each step as prescribed.

3. In cases where the public service institution has not yet completed the appointment of the head, based on the requirements of the tasks, the competent authority for appointment considers and decides and bears responsibility for delegating authority or managing the public service institution until the head is appointed. The delegation period does not count towards the term of office when appointed.

4. In cases where ministries, ministerial-level agencies, government agencies, provincial people's committees, or centrally-administered city people's committees pilot competitive examinations for managerial civil servant positions or implement other contents according to the Party's guidelines, the appointment procedure shall be carried out according to the guidance of the competent authority.

27. Amend Clause 5 and Clause 7 of Article 48 as follows:

"5. Evaluation and comments from the Party branch and the agency's Party committee where the individual works; evaluation and comments over the last three years by the leadership collective of the agency or unit regarding moral character, lifestyle, organizational discipline awareness, internal unity, work capacity, performance results in assigned responsibilities (including specific products and achievements in work), limitations, shortcomings, violations (if any), reputation, and prospects for development;"

"7. Conclusion of the competent Party authority on political criteria for the case of initial appointment or promotion to a higher position or reappointment with new circumstances that change the previous conclusion;"

28. Amend Clause 1 and Clause 2; supplement Clause 6 and Clause 7 following Clause 5 of Article 49 as follows:

"1. Within ninety days from the expiration date of the term of office stipulated in the appointment, the competent authority for appointment must notify and proceed with the process of considering reappointment or extending the term of office for managerial staff. In cases where the reappointment or extension of the term of office has not been carried out according to Clause 5 of this Article, the competent authority for appointment must issue a notification in writing for the unit and the staff member to be aware;"

"Managerial staff who have been appointed but due to one of the following reasons: inadequate health; reduced reputation; failure to complete tasks or violation of discipline as prescribed by the Party and the law, the competent authority shall decide to terminate their position, remove them from their post, or allow them to resign without waiting until the end of their term of office or term of service;"

"2. Managerial staff whose term of appointment expires and who still have less than five years of work before reaching the retirement age, if reappointed, the term of appointment will be calculated up to the retirement age as prescribed;"

"In cases where there are less than two years of work remaining before reaching the retirement age, the competent authority for appointment shall consider and, if they meet the required standards and conditions, decide to extend the term of office for managerial staff until the retirement age as prescribed, except for cases stipulated in Clause 1 of Article 47 of this Decree;"

"6. Managerial staff whose term of appointment expires while under disciplinary action but not within the scope requiring consideration for removal or resignation as prescribed by the Party and the law, the competent authority for appointment shall base on the requirements of the task, discuss and weigh the moral character, ability, and reputation of the staff member; the cause, motive, deficiency, nature, degree of impact, and result of remediation (if any) to consider and decide on reappointment or extending the term of office for managerial staff;"

"7. If managerial staff are not reappointed, the competent authority shall consider and decide on other job assignments; they shall not be assigned equivalent or higher positions;"

29. Amend Clause 2 and Clause 4 of Article 51 as follows:

"2. Staff members prepare self-assessment reports on the fulfillment of their duties during their term of office;"

"4. The leadership collective of the unit discusses and votes on personnel;"

"Composition: Implemented as stipulated at Step 5 of the managerial staff appointment procedure;"

Procedure:

"Analyze the voting results at the meeting of key cadres. The staff member proposed for reappointment must achieve more than 50% of the total number of people summoned to attend the meeting of key cadres. In cases where the ratio is 50% or below, report to the competent authority for consideration and decision on continuing the appointment process;"

Verify and conclude any new issues arising (if any).

"Seek written opinions from the Standing Committee of the Party Committee, Branch Committee, or Party Committee, Branch on the proposed reappointment candidates;"

"The leadership collective discusses, comments, evaluates, and votes on personnel in secret ballots. The proposed reappointment candidates must achieve more than 50% agreement from the total number of leadership collective members. If the candidate achieves 50%, the head decides according to their authority or submits to the competent authority for consideration and decision; if the ratio is below 50%, fully report all differing opinions to the competent authority for consideration and decision;"

"The head of the public institution issues the reappointment decision according to their authority or submits it to the competent authority for consideration and decision;"

30. Amend Point d Clause 2 of Article 53 as follows:

"d) Conclusion of the competent Party authority on political criteria for cases with new circumstances changing the previous conclusion. If there is no change, there is no need to conclude again as prescribed in this point;"

31. Amend Article 54 as follows:

"Article 54. Resignation and Termination of Position for Managerial Staff"

"1. Consideration of resignation for managerial staff shall be carried out in the following cases:"

"a) Due to limitations in capacity or no longer having sufficient reputation to fulfill assigned responsibilities;"

"b) Causing serious violations in the agency or unit under management or responsibility; causing serious corruption or negative practices in the agency or unit under management or responsibility or direct subordinates;"

"c) Receiving more than 50% of low trust votes in the specified vote;"

"The objects, procedures, and formalities for obtaining trust votes shall be implemented according to the regulations of the competent authority;"

"d) Due to insufficient health or for other legitimate reasons;"

"e) As required by the task;"

"2. Do not consider termination of position for managerial staff if they fall under any of the following cases:"

"a) Currently undertaking national defense or security tasks; currently undertaking important or confidential tasks; disaster prevention, control, and disease prevention; if they were to immediately terminate their position, it would seriously affect the common interests of the Party and the State;"

"b) Currently undergoing inspection, audit, or being investigated, prosecuted, or tried;"

"3. Procedure for considering termination of managerial position:"

"a) Managerial staff submit a resignation letter;"

"b) Within ten working days from the receipt of the resignation letter, the organization and cadre advisory body or the head of the public institution where the staff member works shall be responsible for discussing with the staff member and reporting to the competent authority for appointment to consider and decide."

c) Within ten working days from the date of receiving the proposal from the agency for organization and cadres, the competent authority shall examine and decide on the matter of allowing the civil servant to cease holding managerial positions; in case of necessity due to objective reasons, this period may be extended but not exceeding fifteen working days.

4. In cases where the civil servant does not submit a resignation letter but falls under any of the circumstances stipulated in Clause 1 of this Article, the competent authority shall decide to allow them to cease holding their position. The procedures, formalities, and files shall be carried out in accordance with the provisions of Clause 2 and Clause 4 of Article 55 of this Decree.

5. A managing civil servant who resigns but has not yet been agreed upon by the head of a public service institution or the competent authority must continue to fulfill their duties, responsibilities, and powers assigned to them.

6. Files for examining the matter of allowing a civil servant to cease holding managerial positions:

a) Resignation letter;

b) The proposal from the agency for organization and cadres;

c) Other related documents.

7. After resigning, if a managing civil servant wishes to continue working, the head of the agency or organization shall consider and arrange appropriate work based on their capability, morality, experience, and the requirements of the agency or unit.

32. Amend Article 55 as follows:

"Article 55. Removal from office of managing civil servants

1. The examination of removal from office of managing civil servants shall be conducted in the following cases:

a) Being disciplined with a warning or reprimand, and the competent authority determines that their capacity is limited and their reputation has declined;

b) Being disciplined with a reprimand or warning twice or more within the term of appointment;

c) Having more than two-thirds of the votes of low trustworthiness in the same period;

"The objects, procedures, and formalities for obtaining trust votes shall be implemented according to the regulations of the competent authority;"

d) Being rated as failing to complete tasks for two consecutive years;

đ) Being concluded by the competent authority to have deteriorated ideologically, morally, and in lifestyle, engaged in self-evolution and self-transformation, violated party members' prohibitions, failed to set a good example, and adversely affected their own and their unit's reputation;

e) Being concluded by the competent authority to have violated political standards according to regulations on internal political security, to the extent that they must be removed from office;

g) A managing civil servant being the head of a public service institution under their management, responsibility, or direct subordinate, where corruption or serious misconduct occurs.

2. Procedure for examining removal from office:

a) When there are sufficient grounds for removing a managing civil servant as prescribed in Clause 1 of this Article, within ten working days, the agency for organization and cadres shall be responsible for discussing with the civil servant and proposing to the competent authority for examination and decision;

b) The competent authority shall examine and decide on the matter of removal from office within ten working days from the date of receipt of the proposal; in case of necessity due to objective reasons, this period may be extended but not exceeding fifteen working days. The leadership collective of the agency or unit and the same-level Party Committee Standing Committee must discuss and clearly determine the grounds for removal from office proposed by the agency for organization and cadres before voting secretly. The decision to remove a managing civil servant must be approved by at least fifty percent of the total number of members of the leadership collective and the same-level Party Committee Standing Committee; in case the ratio is below fifty percent, it must be reported to the management agency for examination and decision.

3. After a managing civil servant is removed from office, the competent authority shall consider arranging appropriate work based on the requirements of the unit; the civil servant must comply with the assignment decision of the competent authority. If a managing civil servant is removed from office due to being rated as failing to complete tasks for two consecutive years, the competent authority shall terminate their employment according to the law. The decision to remove from office is also the decision to terminate employment.

4. Files for examining the removal from office of managing civil servants:

a) The proposal from the agency for organization and cadres;

b) Minutes of vote counting and other related documents."

33. Amend Article 56 as follows:

"Article 56. Treatment and policies for civil servants ceasing to hold positions, resigning, or being removed from office

1. Managing civil servants who submit a resignation letter based on point a, point b, or point c of Clause 1 of Article 54 of this Decree and are allowed to cease holding positions by the competent authority, or those who do not submit a resignation letter as stipulated in Clause 4 of Article 54 of this Decree, shall retain their current leadership position allowance for six months from the date of the decision to cease holding positions.

Managing civil servants who submit a resignation letter based on point d or point đ of Clause 1 of Article 54 of this Decree and are allowed to cease holding positions shall retain their current leadership position allowance until the end of their term.

2. Managing civil servants who are removed from office shall not enjoy leadership position allowances from the date of the decision to remove from office.

3. After ceasing to hold positions or being removed from office, if a civil servant voluntarily requests retirement or termination of employment, it shall be handled according to the current regulations.

4. After resigning or being removed from office, if a managing civil servant wishes to continue working, the competent authority shall consider and arrange them to perform professional work (not management work), retaining their original job title rank already appointed.

Civil servants who voluntarily resign after being disciplined and still have five years or more of service remaining shall be considered by the competent authority based on the actual situation at the agency, organization, or unit, to arrange work in a direction reducing one level compared to their previous position before being disciplined. After the period specified by the competent authority, if they have corrected their mistakes and shortcomings well, been evaluated as excellently completing tasks, meeting the criteria and conditions, the competent authority shall consider planning, appointing, or recommending them for candidacy again for the same or equivalent position."

34. Amend point b of Clause 2 of Article 57 as follows:

"2. Civil servants who have not been resolved regarding termination of employment if they fall under any of the following circumstances:

b) Have not completed the agreed working period with the public service institution when sent for training, except in cases where they have compensated for the training costs;"

35. Amend Clause 1 and Clause 3 of Article 63 as follows:

"1. Managing the quantity, standards, recruitment, and use of civil servants within the scope of management; deciding or delegating authority to decide on the appointment of job titles, salary grading, regular and early promotion increments, and seniority allowances exceeding the framework for civil servants holding job titles at level I or below (including job titles at level I graded under category A3 civil servants) within the scope of management, except in cases where civil servants fall under the management authority of public service units as stipulated in Clause 1, Article 7 of this Decree.

3. Organizing or delegating authority to examine and promote job titles at level I or below (including job titles at level I graded under category A3 civil servants) for civil servants within the scope of management, except in cases as stipulated in Clause 2, Article 33 of this Decree."

36. Amend and supplement Clause 1 and Clause 4 of Article 65 as follows:

"Article 65. Tasks and powers of the People's Committee of provinces and centrally governed cities

1. Managing the quantity, standards, recruitment, and use of civil servants within the scope of management; assigning, delegating authority, and authorizing the appointment, salary grading, regular and early promotion increments, and seniority allowances exceeding the framework for civil servants holding job titles at level I or below (including job titles at level I graded under category A3 civil servants) within the scope of management, except in cases where civil servants fall under the management authority of public service units as stipulated in Clause 1, Article 7 of this Decree.

4. The provincial People's Committee organizes or delegates authority to organize the examination and promotion of job titles at level I or below (including job titles at level I graded under category A3 civil servants) for civil servants within the scope of management, except in cases as stipulated in Clause 2, Article 33 of this Decree."

37. Amend and supplement Point b of Clause 1 and Point b of Clause 2 of Article 66 as follows:

"1. For public service units that self-fund part of their recurrent expenses and those fully funded by the State for recurrent expenses:

b) Implementing recruitment, signing, terminating employment contracts, secondment, and examination and promotion of civil servants according to delegated authority;

2. For public service units that self-fund both recurrent and investment expenses and those that self-fund recurrent expenses, in addition to the tasks and powers specified in Clause 1 of this Article, they also have the following tasks and powers:

b) Organizing recruitment of civil servants according to their authority; examining and promoting job titles at level I graded under category A3 according to delegated authority; examining and promoting job titles, deciding on appointments, salary grading, regular and early promotion increments, and seniority allowances exceeding the framework for civil servants holding job titles at level I graded under category A2 and below within the scope of management;"

38. Repeal and replace the following provisions:

a) Replace the phrase "interview" with "questioning" in Point c, Clause 3, Article 15;

b) Repeal: Clause 3, Clause 4 of Article 37; Clause 6 of Article 62; Clause 4 of Article 63 and Clause 4 of Article 64;

c) Repeal the phrases: "examining or", "applying for examination or" in Clause 2 of Article 29, Article 31, Article 34, Article 35, Article 36, Article 37, Article 38, Clause 3 of Article 62, Clause 2 of Article 67; "and salary grading for civil servant job titles under the management sector, after obtaining the unified opinion of the Ministry of Home Affairs" in Clause 3 of Article 64; "according to Model No. 01 issued together with this Decree" in Clause 4 of Article 14.

Article 2. Implementation clause

1. This Decree takes effect from December 7, 2023.

2. In cases where the competent authority has already reviewed and approved plans and programs for recruiting civil servants (competitive examinations, selection, and acceptance into civil service positions), or examinations or promotions of civil servant job titles before the effective date of this Decree, such cases may continue to be implemented according to the approved plans and programs within six months from the effective date of this Decree. After this period, if not completed, they shall be implemented according to the provisions of this Decree.

For cases continuing to implement according to the approved plans and programs, in addition to applying the provisions of Government Decree No. 115/2020/NĐ-CP dated September 25, 2020 on the recruitment, use, and management of civil servants, the approving authority decides to apply the following provisions:

a) Provisions on preferential recruitment in Clause 2, Article 1 of this Decree;

b) Provisions on exemption from foreign language examinations in Clause 4, Article 1 of this Decree;

c) Provisions on signing employment contracts and taking up positions in cases of new recruitment needs in Clause 11, Article 1 of this Decree.

3. In cases where competitive examinations have been organized and results announced according to the recruitment plan of the year immediately preceding the effective date of this Decree (not more than six months), the recruitment authority decides on recruitment for cases stipulated in Clause 5, Article 1 of this Decree.

4. In cases implementing a new salary system, relevant provisions concerning salaries shall be implemented according to the regulations and guidance of the competent authority; relevant provisions concerning salaries in this Decree cease to be effective from the date the new salary system becomes effective or are implemented according to transitional provisions (if any).

5. The ministry managing specialized civil servant job titles shall issue regulations on standards and conditions for promotion as stipulated in Clause 16, Article 1 of this Decree, to be completed within three months from the effective date of this Decree.

6. Recruitment and appointment through competitive examinations or hiring of managers of public service units shall be carried out according to the approved project.

Article 3. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees, centrally governed city People's Committees, and related agencies, organizations, and individuals are responsible for enforcing this Decree.

ANNEX

(Attached to Government Decree No. 85/2023/NĐ-CP dated December 7, 2023)

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Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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…, day…month…year…

II. BASIC INFORMATION ABOUT FAMILY⁽⁴⁾

III. INFORMATION ON EDUCATIONAL BACKGROUND

IV. INFORMATION ON WORK EXPERIENCE (if applicable)

V. APPLICATION FOR ENROLLMENT INFORMATION

I hereby declare and take responsibility under the law for the information provided in this Application Form for Recruitment and commit to completing the full application package according to regulations upon receiving the notification of successful recruitment.