Decree No. 95/1998/ND-CP On Recruitment, Employment, and Management of Civil Servants

DECREE OF THE GOVERNMENT
On recruitment, employment, and management of civil servants

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Cadres and Civil Servants Ordinance issued on February 26, 1998;

At the proposal of the Minister, Head of the Organization-Cadre Department of the Government,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. The term "civil servant" referred to in this Decree includes those persons specified in Clause 3 and Clause 5 of Article 1 of the Cadres and Civil Servants Ordinance. Specifically:

1 - Persons recruited, appointed, or assigned to hold a permanent public office, classified according to their level of education and specialty, ranked into an administrative or public service grade within the establishment and receiving salary from the State budget, working in the following agencies:

a) Office of the President;

b) Office of the National Assembly;

c) Central state administrative agencies, provincial-level agencies, centrally governed city-level agencies, district-level agencies, town-level agencies, and provincial city-level agencies;

d) People's Courts, People's Procuratorates at all levels;

đ) Agencies representing the Socialist Republic of Vietnam abroad;

e) State schools, hospitals, scientific research institutions;

g) State press, radio, television agencies;

h) State libraries, museums, cultural houses;

i) Other state public service organizations;

2 - Persons recruited, appointed, or assigned to perform regular duties in agencies and units under the People's Armed Forces that are not officers, professional military personnel, defense workers, or in agencies and units under the People's Public Security that are not officers, professional non-commissioned officers.

Article 2. In this Decree, the following terms are understood as follows:

1 - "Grade" refers to the title of a civil servant. Each grade represents a specific level of expertise and has its own standards;

2 - "Step" refers to the salary level within a grade;

3 - "Promotion to a higher grade" means moving from a lower grade to a higher grade;

4 - "Transfer between grades" means moving from a grade in one specialty to a grade in another specialty at the same level;

5 - "Recruitment" means hiring individuals into state agencies after they have passed a selection examination;

6 - "Appointment" means officially assigning a grade to a civil servant who meets the requirements for probation, promotion examination, or leadership position;

7 - "Agency employing civil servants" refers to the agency directly managing and organizing work for civil servants;

8 - "Agency with authority to manage civil servants" refers to the agency responsible for managing civil servant grades according to the分级授权管理系统必须根据公务员的级别，并按照本决定第3条规定的分类进行。

9 - "Transfer" means moving a civil servant from one agency or unit to another;

10 - "Detachment" means assigning a civil servant to work at another agency, organization, or unit for a specified period based on task requirements;

11 - "Probationary period" is the time during which a newly recruited individual performs the duties and responsibilities of the grade they will be appointed to after passing the examination.

Article 3. Civil servants are classified as follows:

1 - By level of education, including:

a) Class A civil servants are those with a university degree or higher in their field of specialization;

b) Class B civil servants are those with a vocational high school or college degree in their field of specialization;

c) Class C civil servants are those with a basic training degree in their field of specialization;

d) Class D civil servants are those with a degree below basic training in their field of specialization.

2 - By job position, including:

a) Leadership civil servants (command and management);

b) Professional civil servants.

Article 4. The classification of management authority over civil servants must be based on the civil servant grade and according to the classification prescribed in Article 3 of this Decree.

PART II
RECRUITMENT AND EMPLOYMENT OF CIVIL SERVANTS

PART 1
RECRUITMENT REQUIREMENTS

Article 5.

1 - Recruitment of civil servants must be based on job needs, with defined positions and within the authorized establishment quota.

The person recruited must have good moral character and meet the professional standards of the grade being recruited and the conditions stipulated in Article 6 of this Decree.

2 - Annually, agencies and organizations under Ministries, ministerial-level agencies, government agencies, Departments, Bureaus, and industry sectors, District People's Committees, City People's Committees, and Town People's Committees under centrally governed cities must develop recruitment plans and propose them for approval by the Ministry, ministerial-level agency, government agency, Provincial People's Committee, or centrally governed city People's Committee within the authorized establishment quota.

Article 6. Individuals wishing to be recruited into a civil servant grade must meet the following conditions:

1 - Be a Vietnamese citizen with a permanent residence address in Vietnam;

2 - For males, the age limit for recruitment is from 18 to 40 years old; for females, it is from 18 to 35 years old. In cases where the applicant is already an officer in the armed forces or a staff member in a state-owned enterprise, the recruitment age limit may be higher;

3 - Have a registration form, clear personal history, and educational certificates meeting the required level of the grade being applied for;

4 - Be in good health to undertake public duties;

5 - Not be in the period of criminal prosecution, serving a prison sentence, undergoing corrective education without detention, under house arrest, or undergoing educational measures at the commune, ward, or town level, or being admitted to a medical facility or educational institution.

Article 7. Ethnic minority individuals, volunteers serving in mountainous, remote, border, and island areas, war invalids, children of martyrs, heroes of the armed forces, heroes of labor, and those graduating from specialized training programs with excellent grades are given priority in recruitment.

PART 2
3/ The Examination Board and the Examination Question Committee, Examination Supervision Committee, and Examination Grading Committee operate according to the regulations set by the Chairman of the Board.

Article 8. Recruitment of civil servants must be conducted through an examination according to the examination regulations. Individuals who fail the examination cannot be recruited into the establishment of the agencies specified in Clause 1 of Article 1 of this Decree.

Article 9. At least 30 days before organizing the examination, agencies must publicly announce the conditions, standards, and number of positions needed through local mass media so that everyone can know and register to take the examination.

Article 10. The content of the civil servant examination for various specialized grades shall be established and promulgated by the ministries, ministerial-level agencies, and government agencies managing the specialized fields, after obtaining written agreement from the Government's Organization and Cadre Management Board.

Article 11. Within the latest 30 days after the end of the examination, the agency organizing the examination must publish the examination results and notify the examinees.

Article 12. The Government Organizational and Cadre Affairs Agency shall be responsible for promulgating examination regulations, providing guidance, inspecting, and supervising Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and centrally-run city People's Committees in conducting examinations.

PART 3
RECRUITMENT AND EMPLOYMENT

Article 13. Within the latest period of thirty days from the announcement of examination results, the competent authority for recruitment shall issue a recruitment decision and rank salary according to the prescribed standards, grade, and level of civil servants and report to the Government Organizational and Cadre Affairs Agency the examination results, list of grades and salary levels of recruited persons.

Article 14. The recruited person must belong to the staffing quota allocated by the competent authority and must have scores in each section reaching five points or higher on a ten-point scale. The successful recruit is counted from the highest total score down to the staffing quota.

Article 15. Within the latest period of thirty days from the date of the recruitment decision, the recruited person must report to the agency to take up the job, unless otherwise specified in the recruitment decision.

In cases where the recruited person has valid reasons preventing them from reporting for work within the stipulated time frame, they must submit a request for extension of the reporting time and obtain the agreement of the agency using the civil servant.

If the recruited person reports for work late beyond the stipulated time without valid reasons, the competent authority for recruitment shall issue a decision to revoke the recruitment decision.

PART 4
PROBATION AND APPOINTMENT

Article 16. Recruits to civil service positions must undergo a probationary period. The probationary period starts from the day the recruit reports for work:

1 - For Class A civil servants, the probationary period is twelve months, except for doctors whose probationary period is nine months;

2 - For Class B civil servants, the probationary period is six months;

3 - For Class C civil servants, the probationary period is three months.

Article 17.

1 - The agency using the civil servant is responsible for guiding the probationer regarding functions, duties, internal rules, and regulations of the agency; relationships between units within the agency and related agencies;

2 - The agency using the civil servant is responsible for assigning a civil servant of the same grade with competence and experience in the relevant field to guide the probationer.

Article 18.

1 - During the probationary period, the probationer receives eighty-five percent of the initial salary coefficient of the recruited grade and other benefits equivalent to those of civil servants in the agency.

2 - Civil servants recruited to work in highland, mountainous, remote, island areas, or in hazardous industries shall receive one hundred percent of the initial salary coefficient of the recruited grade during the probationary period and shall also receive allowances and preferential policies as prescribed.

3 - Civil servants assigned to guide probationers as stipulated in Clause 4, Article 17 of this Decree shall receive a responsibility allowance coefficient of 0.3 compared to the minimum wage during the probationary guidance period.

Article 19.

1 - At the end of the probationary period, the probationer must submit a report on the probationary results; the probationer's mentor must provide an assessment and report to the superior agency using the civil servant.

2 - The head of the agency using the civil servant evaluates the moral character and work performance of the probationer. If the probationer meets the requirements of the grade, the head shall propose the competent authority managing civil servants to issue a decision appointing the probationer to the grade.

3 - In cases where the probationer does not meet the requirements of the grade, the head of the agency using the civil servant shall propose the competent authority managing civil servants to revoke the recruitment decision.

Article 20. During the probationary period, if the probationer violates the working regulations of the agency and laws, depending on the nature and severity of the violation, the head of the agency using the civil servant shall propose the competent authority managing civil servants to issue a decision revoking the recruitment decision.

Article 21. After the probationary period, if the probationer is not appointed to the grade, they will receive one month's current salary and travel expenses back to their place of permanent residence.

PART 5
PROMOTION AND TRANSFER OF GRADES

Article 22. Promotion of civil servants must be conducted through a promotion examination as prescribed.

Article 23.

1 - The examination for promotion of civil servants must be based on the needs and position of work of the agency where the civil servant is employed.

2 - Civil servants participating in the promotion examination must possess all required educational certificates, training certificates, and other necessary conditions as prescribed for the grade being examined and must be selected by the Preliminary Examination Board of Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and centrally-run city People's Committees to participate in the examination.

Article 24. Each year, Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and centrally-run city People's Committees shall develop plans and quotas for the promotion examination and send them to the Government Organizational and Cadre Affairs Agency for allocation of examination candidates.

Article 25.

1 - Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and centrally-run city People's Committees shall establish a Preliminary Examination Board to assess the moral character, work achievements, and professional capabilities of civil servants to select candidates for the promotion examination.

2 - The Preliminary Examination Board consists of five or seven members, including:

a) AT central agencies:

The Chairman of the Board is a leader of the Ministry, ministerial-level agency, or agency under the Government:

The Vice-Chairman of the Board is the Director of the Personnel Department (or equivalent) of the Ministry, ministerial-level agency, or agency under the Government;

Members of the Board include some Directors of specialized departments of the Ministry, ministerial-level agency, or agency under the Government.

b) AT provinces and centrally-run cities:

The Chairman of the Board is a leader of the provincial People's Committee or centrally-run city People's Committee;

The Vice-Chairman of the Board is the Head of the Provincial or Centrally-Run City Personnel Department.

Members include some Directors of specialized departments (or equivalent) of the province or centrally-run city.

Article 26. Within the latest period of thirty days from the announcement of the results of the promotion examination, successful candidates shall be appointed to the grade they won and ranked with the salary coefficient of that grade.

Article 27.

1 - Civil servants transferring from one specialty grade to another, or state enterprise employees recruited and classified into civil servant grades before the issuance of Decree No. 26/CP dated May 23, 1993 by the Government on the temporary regulations of new salary systems in state enterprises, who are subsequently accepted into administrative and public service agencies, must meet the professional and vocational standards of the new grade and within the staffing quota allocated to the agency.

2 - The employing agency when accepting a civil servant transferring grades must establish an Examination Board to assess the level and capacity of the civil servant. If the civil servant meets the vocational standards of the new grade, the employing agency shall issue a decision to appoint the civil servant according to its authority or propose that the competent authority managing civil servants make the appointment.

3 - The Examination Board consists of five or seven members, including:

The Chairman of the Board is the head or deputy head of the agency;

The Vice-Chairman of the Board is the head of the organizational cadre department of the agency;

The Board members include some leaders of specialized departments, and some civil servants with capability and qualifications working at the same grade or higher grade.

4 - The Examination Board has the following responsibilities:

Reviewing educational certificates and training certificates according to the requirements of the new grade, and documents evaluating the work performance of the previous agency;

Interviewing the transferred civil servant about their understanding and awareness of politics, society, and specialization;

Testing the transferred civil servant's ability to write management documents according to the job requirements of the new grade;

Holding meetings to evaluate results; if the civil servant meets the requirements, the Board will recommend that the competent authority managing civil servants appoint the civil servant to the new grade.

5 - When transferring grades, it is not allowed to combine with promotion in rank or grade.

Section 6
TRANSFER AND DETACHMENT

Article 28.

1 - The agency authorized to manage civil servants has the right to transfer civil servants to work at central or local agencies, organizations, or units based on the requirements of tasks and duties.

2 - The transfer of civil servants shall be carried out in the following cases:

a) To strengthen and supplement the number and quality of civil servants in agencies, organizations, or units to ensure the completion of assigned tasks;

b) To implement the rotation of civil servants between central and local levels, and among different sectors and fields according to the planning of the civil servant workforce.

When transferring civil servants, attention should be paid to the family circumstances and personal conditions of the transferred civil servants.

3 - Civil servants transferred to work in highland, deep inland, remote, and island areas, in addition to applying preferential policies, also enjoy other incentive policies as stipulated by the State.

Article 29.

1 - Due to the requirements of tasks and duties, the agency authorized to manage civil servants may dispatch civil servants to work temporarily at another agency, organization, or unit for a limited period. The dispatch period does not exceed three years.

2 - The dispatch of civil servants shall be carried out in the following cases:

a) Due to urgent and critical tasks that cannot be immediately addressed through transfers;

b) Due to tasks that need to be resolved within a specific timeframe.

3 - Dispatched civil servants are subject to the work assignments of the agency, organization, or unit where they are dispatched. The agency, organization dispatching the civil servant is responsible for paying the salary and ensuring other benefits of the dispatched civil servant.

4 - Dispatched civil servants working in highland, deep inland, remote, and island areas enjoy preferential policies as stipulated by the State.

5 - The evaluation of dispatched civil servants is conducted by the agency using the civil servant. The evaluation document is sent back to the dispatching agency to be filed in the individual's file.

Article 30. Civil servants undertaking the following tasks, when not undertaking such tasks, are arranged to work according to their capabilities, specialties, and professional qualifications, and are guaranteed the prescribed legal systems and policies:

1 - Being elected, approved, and appointed to hold positions with terms of office in the National Assembly, Government, People's Courts at all levels, Supreme People's Procuracy, People's Councils, and People's Committees at all levels.

2 - Being elected to hold specialized positions in the Communist Party of Vietnam agencies, Vietnam Fatherland Front agencies, Vietnam General Confederation of Labor agencies, Ho Chi Minh Communist Youth Union agencies, Vietnam Women's Union agencies, Vietnam Farmers' Union agencies, and Vietnam Veterans Association agencies.

3 - Being appointed to positions as members of the Board of Directors, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant of state-owned enterprises or enterprises with state investment capital.

4 - Fulfilling military service obligations.

CHAPTER III
MANAGEMENT OF CIVIL SERVANTS

Article 31. The Government Organizational Cadre Department is the agency assisting the Government in managing civil servants and has the following responsibilities:

1 - Drafting laws and ordinances on civil servants for the Government to submit to the National Assembly and the Standing Committee of the National Assembly for promulgation;

2 - Drafting plans and programs for building the civil servant workforce and training and retraining the civil servant workforce for approval by the Government;

3 - Drafting salary systems and other incentive policies for civil servants for approval by the Government;

4 - Managing the quantity, appointment, classification, and promotion of senior civil servants (senior specialists and equivalent grades);

5 - Issuing examination rules for recruitment, promotion, and assessment of civil servants;

6 - Issuing, amending, and supplementing job titles and vocational standards for civil servant grades upon the proposal of Ministries, ministerial-level agencies, and government agencies;

7 - Drafting staffing quotas for submission to the Prime Minister and managing the national staffing quota of civil servants under the Government's jurisdiction;

8 - Leading the organization of examinations for promotion from senior specialist to senior specialist and equivalent grades;

9 - Organizing the statistics of civil servants nationwide;

10 - Inspecting and supervising ministries, sectors, localities, and institutions in implementing State regulations on civil servants;

11 - Directing and organizing the resolution of complaints and denunciations against civil servants according to the law on complaints and denunciations.

Article 32. Ministries, ministerial-level agencies, and government agencies have the following responsibilities:

1 - Managing the quantity, appointment, classification, and promotion of civil servants from the specialist grade and lower grades.

2- Establish and propose to the Government Organization and Civil Servant Council to promulgate business standards for civil servant ranks according to specialized fields and guide their implementation;

3- Organize examinations, training, and upgrading of civil servants as prescribed by the Government;

4- Organize examinations to promote from staff to officer, from officer to specialist, from specialist to chief specialist, and other equivalent ranks;

5- Allocate quotas, manage establishment limits, salary funds, and implement other incentive policies for civil servants under directly managed organizations;

6- Organize statistics on civil servant ranks in specialized fields nationwide and for civil servants under directly managed organizations;

7- Guide, inspect, and supervise the enforcement of state regulations concerning civil servants in specialized fields nationwide and within the scope of management of Ministries and agencies;

8- Resolve complaints and denunciations against civil servants in accordance with laws on complaints and denunciations;

Article 33. Ministries, agencies at the level of ministries, and government agencies assigned to manage civil servant ranks in specialized fields shall be as follows:

1- The Government Organization and Civil Servant Council manages civil servant ranks in the Administrative and Archival specialized fields;

2- The State Inspectorate manages civil servant ranks in the Inspection specialized field;

3- The Ministry of Finance manages civil servant ranks in the Finance specialized field;

4- The Ministry of Justice manages civil servant ranks in the Legal specialized field;

5- The State Bank manages civil servant ranks in the Banking specialized field;

6- The General Customs Department manages civil servant ranks in the Customs specialized field;

7- The Ministry of Agriculture and Rural Development manages civil servant ranks in the Agriculture, Forestry, and Water Resources specialized fields;

8- The Ministry of Construction manages civil servant ranks in the Construction specialized field;

9- The Ministry of Science, Technology, and Environment manages civil servant ranks in the Science and Technology specialized field;

10- The National Hydro-Meteorological Service manages civil servant ranks in the Hydro-Meteorology specialized field;

11- The Ministry of Education and Training manages civil servant ranks in the Education and Training specialized field;

12- The Ministry of Health manages civil servant ranks in the Health specialized field;

13- The Ministry of Culture and Information manages civil servant ranks in the Culture and Information specialized field;

14- The Sports Committee manages civil servant ranks in the Physical Education and Sports specialized field;

15- The National Reserve Corporation manages civil servant ranks in the National Reserve specialized field.

Article 34. Ministries, agencies at the level of ministries, and government agencies entrusted by the Government to manage civil servant ranks in specialized fields as stipulated in Article 33 of this Decree shall have the responsibility to implement the following contents after reaching consensus with the Government Organization and Civil Servant Council:

1- Content of civil servant recruitment examinations for specialized ranks;

2- Content of examinations to promote civil servant ranks as specified in Clause 4, Article 32 of this Decree;

3- Content and organization of training and upgrading for civil servants in specialized ranks;

4- Content and organization of examinations to promote civil servant ranks in specialized fields managed by Ministries and agencies.

Article 35. Provincial People's Committees (hereinafter referred to as provinces) shall have the following tasks:

1- Manage civil servants from the rank of chief specialist and below;

2- Allocate quotas, manage establishment limits, and salary funds for provincial civil servants;

3- Implement salary systems and other incentive policies for provincial civil servants;

4- Organize civil servant recruitment examinations and examinations to promote from staff to officer, from officer to specialist, and other equivalent ranks according to general regulations and examination content of Ministries managing specialized civil servant ranks;

Organize training and upgrading of civil servants according to general regulations;

5- Organize statistics on civil servants within the scope of provincial management;

6- Guide, inspect, and supervise the enforcement of state regulations concerning civil servants within the scope of provincial management;

7- Resolve complaints and denunciations against civil servants within the scope of provincial management in accordance with laws on complaints and denunciations.

Article 36. Agencies employing civil servants shall have the following responsibilities:

1- Organize the employment and assignment of civil servants to appropriate ranks and positions, and strictly implement Articles 16, 17, 18, 19, and 21 of this Decree;

2- Organize the implementation of laws and state policies on civil servants;

3- Propose to competent authorities managing civil servants requirements for recruitment, appointment, promotion, transfer, demotion, dispatch, dismissal, training, and upgrading of civil servants in the agency;

4- Evaluate civil servants under their authority according to regulations;

5- Inspect and supervise civil servants regarding the implementation of provisions in Chapter III of the Civil Servant Regulation;

6- Statistic and report on the situation of civil servants under their management to higher-level management agencies as prescribed;

7- Resolve complaints and denunciations against civil servants within the scope of agency management;

8- Implement rewards and disciplinary actions for civil servants within their authority and propose higher-level authorities to reward and discipline according to regulations.

Article 37. Agencies employing civil servants shall establish and retain individual files of civil servants. All developments during the course of work of civil servants from recruitment and appointment until termination of service must be recorded and retained in the civil servant file.

The establishment and retention of civil servant files shall follow guidelines issued by the Government Organization and Civil Servant Council.

PART IV
IMPLEMENTING PROVISIONS

Article 38.

1- This Decree takes effect fifteen days after the date of signature.

2- This Decree replaces Decree No. 24/CP dated November 8, 1962 of the Council of Ministers on the Recruitment Regulations for State Workers and Officials and Decision No. 256/TTg dated July 15, 1975 of the Prime Minister on the Probationary Period for Persons Recruited into State Agencies.

Article 39. Ministers, Heads of agencies at the level of ministries, and Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.