Nghị định 170/2025/NĐ-CP quy định về tuyển dụng, sử dụng và quản lý công chức

DECREE

RECRUITMENT, EMPLOYMENT, AND MANAGEMENT OF CIVIL SERVANTS

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Cadres and Civil Servants dated June 24, 2025;

At the request of the Minister of Home Affairs of Vietnam;

The Government of Vietnam hereby promulgates the Decree on the recruitment, employment, and management of civil servants.

Chapter I

GENERAL PROVISIONS

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This Decree provides for the recruitment, employment, and management of civil servants.

Article 2. Regulated entities

1. Civil servants are defined in Clause 2 Article 1 of the Law on Cadres and Civil Servants.

2. Agencies managing civil servants include:

a) CPV Central Office, Agency of the Central Inspection Commission of the CPV Central Committee, CPV Central Committees, Vietnamese Fatherland Front, and central socio-political organizations;

b) Centrally affiliated provincial and municipal committees;

c) Agencies of the National Assembly of Vietnam, Office of the National Assembly of Vietnam, Office of the President of Vietnam, and State Audit Office of Vietnam;

d) Supreme People’s Court of Vietnam and Supreme People’s Procuracy of Vietnam;

dd) Ministries and ministerial agencies;

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g) People’s Committees of provinces and cities.

3. Agencies employing civil servants.

4. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam shall decide on the application of this Decree to recruit, employ, and manage civil servants working in agencies, organizations, and units under their management.

Chapter II

CIVIL SERVANT RECRUITMENT

Section 1. GROUNDS, AUTHORITY, AND RECRUIMENT COUNCILS

Article 3. Grounds for recruiting civil servants

1. The recruitment of civil servants shall be based on the ratio of civil servants needed for specific job positions, staff position targets, and requirements for the job positions to be filled.

2. Recruiting agencies shall develop recruitment plans and decisions under their jurisdiction. The content of a recruitment plan includes:

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b) The proportion of civil servants needed for specific job positions in the agency employing civil servants and the number of staff positions to be recruited for each job position, including those recruited jointly for multiple agencies employing civil servants (if any);

c) The number of staff positions and job positions to be specifically recruited for people of ethnic groups (if any), with clear determination of the targets and ethnic structure needed;

d) The number of staff positions and job positions for recruitment by selection (if any) for specific candidates;

dd) Standards and conditions for registering participation in the entrance exam for each job position.

Where the recruiting agency decides to organize a foreign language exam, the test language, content, form, duration, and passing score must be determined;

e) Recruitment methods (entrance exam or selection); in case of organizing an entrance exam, the form of the professional specialty exam must be determined;

g) Other contents (if any).

Article 4. Conditions for registering participation in entrance exams for civil servants

Conditions for registering participation in entrance exams for civil servants shall comply with Article 19 of the Law on Cadres and Civil Servants. Agencies employing civil servants shall determine the conditions based on the requirements for job positions to be filled as prescribed in Point e Clause 1 Article 19 of the Law on Cadres and Civil Servants, ensuring that they are not lower than the general standards, not contrary to the law, and not discriminatory regarding training forms and shall submit written reports to the agencies managing civil servants for assessment and decision.

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The recruitment of civil servants by selection shall be decided by the recruiting agencies and specifically implemented for the following candidates:

1. Persons who commit to voluntarily work for at least 5 years in areas with extremely disadvantaged socio-economic conditions.

2. Persons studying under regulations on admission by nomination according to the Law on Education, returning to work in provinces that nominated them upon graduation.

3. Outstanding graduates and talented young scientists within the scope of talent attraction and utilization policies.

Article 6. Civil servant recruitment priority

1. Candidates and priority points in the entrance exam or selection

a) Heroes of Armed Forces, Labor Heroes, war invalids, persons entitled to war invalid-like policies, and type B war invalids shall be awarded 7,5 points to the professional specialty score in exams or selection;

b) People of ethnic groups, military officers, police officers, demobilized professional soldiers, individuals engaged in specialized cipher operations, graduates of reserve officer training, graduates of commune-level military commander training awarded the reserve officer rank and registered for reserve officer pay grades, children of martyrs, children of war invalids, children of sick soldiers, children of persons entitled to war invalid-like policies, children of type B war invalids, biological children of resistance activists affected by chemical toxins, children of Heroes of Armed Forces, and children of Labor Heroes shall be awarded 5 points to the professional specialty score in exams or selection;

c) Persons completing military service, people’s public security service, or serving as youth volunteers shall be awarded 2,5 points to the professional specialty score in exams or selection;

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2. Where candidates of entrance exams or selection fall under multiple priority categories specified in Clause 1, only the highest priority point shall be applied.

Article 7. Agencies competent to recruit civil servants

1. Agencies managing civil servants.

2. Agencies employing civil servants with assigned staff positions, operational funding, and independent seals and accounts delegated or authorized to recruit civil servants.

Article 8. Civil servant recruitment councils

1. The head of a recruiting agency shall decide to establish a recruitment council in case of entrance exams or selection. The recruitment council shall have 5 to 7 members, including:

a) The president of the council shall be the head of deputy head of the head of the recruiting agency;

b) The vice president of the council shall be the representative leader of the advisory department for personnel and organization of the recruiting agency;

c) The secretary cum member of the council shall be a civil servant under the advisory department for personnel and organization of the recruiting agency;

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2. The recruitment council shall operate under the principles of collective decision-making by majority. In the event of a tie vote, the decision shall follow the opinion voted by the president of the recruitment council. The recruitment council shall have the following tasks and entitlements:

a) Decide on the establishment of supporting departments in accordance with the following departments based on the recruitment forms and work requirements: application review board, question paper board, script header removal board, marking board, re-marking board (if any), interview board (if any), oral examination board, project marking board; the number of members participating in the mentioned boards shall be decided in conformity with the number of candidates. If necessary, the president of the recruitment council shall establish a supporting secretarial team;

b) Collect and use entrance exam fees as prescribed by regulations;

c) Inspect entrance exam applications, exam organization, marking, and re-marking according to regulations;

d) Submit reports to the head of the recruiting agency on the decision to recognize the results of the entrance exam or selection;

dd) Settle complaints and denunciations during the organization of the entrance exam or selection;

e) Dissolve after completing its tasks.

3. Persons with familial relationships (e.g., spouses, parents, siblings, and in-laws) with candidates and persons under disciplinary actions, or previously disciplined for corruption, negativity, or violations involving work concerning personnel and organization, shall not serve as members of the recruitment council or members of supporting departments of the recruitment council.

Section 2. CIVIL SERVANT ENTRANCE EXAMS

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1. Civil servant entrance exams for job positions assigned to specific employee pay grades: Professional specialty exam

a) Form: Oral or practical;

b) Content:

Oral exam: Assess candidates’ critical thinking capacity and capacity to apply knowledge to practical situations, capacity to implement tasks and duties of the applied job positions, and understanding of the applied job positions.

Practical exam: Perform specific work required for the job positions.

Score scale (oral or practical): 100 points.

c) Duration: 30 minutes.

2. Civil servant entrance exams for job positions assigned to specialist pay grades and equivalents, or civil servant pay grades and equivalents

Exams shall be carried out in 2 rounds as follows:

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Form: Multiple-choice exam on a computer.

Content: 60 questions assessing the candidates’ critical thinking capacity, capacity to apply knowledge to practical situations, and general/basic understanding of the political system, state administrative management, rights and obligations of civil servants, official-duty ethics, and knowledge of society, culture, and history.

Duration: 60 minutes.

Candidates who answer at least 50% of the questions correctly are eligible to proceed to round 2.

b) Round 2: Professional specialty exam

Form: Written exam or a combination of written exam and interview.

Content:

For the written exam: The content assesses candidates’ knowledge of the guidelines and policies of the CPV, laws and policies in the sector/field of recruitment, and skills in performing official duties as required for the job positions. The duration is 180 minutes (excluding the time for copying the test questions). Based on specific characteristics of agencies, organizations, and units, the recruiting agency may organize the written exam to be taken on computers and decide on an appropriate number of multiple-choice questions, ranging from a minimum of 60 questions to a maximum of 120 questions. The exam duration shall correspond to the number of questions, ranging from a minimum of 90 minutes to a maximum of 180 minutes.

The content focuses on assessing the capacity for critical thinking, communication, situational judgment, learning, development, expression, attitude, personality, and other relevant capacities as required for the job positions. The exam duration shall be up to 30 minutes.

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In cases where the written exam is conducted on computers, the recruitment council (question paper board) shall develop groups of questions with varying levels of complexity and assign corresponding point values to each question.

Where a combination of the written exam and interview is selected, the total score shall be converted to a 100-point scale, with the written exam accounting for 70% and the interview 30% (rounded to 2 decimal places).

3. Entrance exams for job positions assigned to principal specialist pay grades and equivalents: Professional specialty exams shall be conducted as prescribed in Point a Clause 2 of this Article.

4. Entrance exams for job positions assigned to senior specialist pay grades and equivalents, and senior expert pay grades: Professional specialty exam

a) Project-based exam;

b) The content and form of the project-based exam shall be decided by the recruiting agency, ensuring conformity with the requirements of the job positions. Such content and form must be determined in the recruitment plan and announced in the recruitment notice.

c) Score scale of the project-based exam: 100 points;

d) The maximum time allowed for the preparation and presentation of the project for each candidate is 90 minutes, as decided by the head of the recruiting agency, based on the requirements and characteristics of the job positions.

5. Where the requirement agency has higher specific requirements for the content and duration of the professional specialty exam than those prescribed in this Article, or has specific requirements concerning foreign languages, such requirements shall be specified in the recruitment plan and announced in the recruitment notice. The recruiting agency shall determine the foreign language to be tested, along with the exam content, format, duration, and the criteria for determining passing scores. The foreign language exam score is a conditional score and is not included in the professional specialty exam score. The foreign language exam must be conducted before the professional specialty exam. Candidates who achieve the required foreign language score are eligible to take the professional specialty exam.

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1. A candidate shall be deemed successful in the civil servant entrance exam if he/she meets all of the following conditions:

a) The candidate achieves a score of at least 50 points in the professional specialty exam. Where the exam includes a written exam and an interview, the candidate must take both and achieve at least 50% of the maximum score in each;

b) The combined score of the professional specialty exam and any applicable priority point prescribed in Article 6 of this Decree is higher when ranked from highest to lowest within the recruitment targets of each job position, including positions jointly recruited for multiple agencies employing civil servants.

2. Where 2 or more candidates have the same total score as prescribed in Point b Clause 1 of this Article for the final recruitment target, the determination of the successful candidate shall comply with the following order of priority:

a) The candidate with the higher score in the professional specialty exam;

b) In case of a combination of a written exam and interview, the candidate with the higher written exam score in round 2.

Where a decision still cannot be made based on the above priorities, the head of the recruiting agency shall decide on the successful candidate.

3. For job positions jointly recruited for multiple agencies employing civil servants, the determination of successful agencies shall comply with the order of selection priority specified in the application forms of the successful candidates. Where the number of successful candidates registered for recruitment to an agency employing civil servants exceeds its recruitment target, such agency shall prioritize those with the higher recruitment score. Where 2 or more candidates have the recruitment score for the final recruitment target of the agency employing civil servants, it shall conduct the selection based on the order of priority prescribed in Clause 2 of this Article.

4. Unsuccessful candidates in the civil servant entrance exam shall not have their results carried over to subsequent exams.

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Article 11. Forms and contents of civil servant selection

Civil servant selection shall be carried out in 2 rounds as follows:

1. Round 1: Inspection of participation conditions specified in the candidates’ application forms according to the requirements of the job positions to be filled. Only those who meet the requirements may proceed to round 2.

2. Round 2: Assessment of professional specialty

a) Form: Oral exam

b) Content: Inspection of knowledge and skills in performing official duties; assessment of capacity for critical thinking, communication, situational judgment, learning, development, expression, attitude, personality, and other capacities according to the requirements of the job positions;

c) Duration: 30 minutes (candidates may prepare for the oral exam for no more than 15 minutes);

d) Score scale: 100 points.

Article 12. Determination of successful candidates in civil servant entrance selection

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a) The candidate achieves a score of at least 50 points in round 2;

b) The combined score of round 2 and any applicable priority point prescribed in Article 6 of this Decree is higher when ranked from highest to lowest within the requirement target for each job position.

2. Where 2 or more candidates have the same total score as prescribed in Point b Clause 1 of this Article for the final target of the job position to be filled, the candidate with the higher round 2 score shall be deemed successful. Where a decision still cannot be made, the head of the recruiting agency shall decide on the successful candidate.

3. For job positions jointly recruited for multiple agencies employing civil servants, the determination of successful agencies shall comply with the order of selection priority specified in the application forms of the successful candidates. Where the number of successful candidates registered for recruitment to an agency employing civil servants exceeds its recruitment target, such agency shall prioritize those with the higher recruitment score. Where 2 or more candidates have the recruitment score for the final recruitment target of the agency employing civil servants, it shall conduct the selection based on the order of priority prescribed in Clause 2 of this Article.

4. Unsuccessful candidates in the civil servant selection shall not have their results carried over to subsequent selection sessions.

Section 4. ACCEPTANCE INTO CIVIL SERVICE

Article 13. Candidates, standards, conditions, and dossiers on acceptance into civil service

1. Acceptance candidates:

a) Experts, scientists, jurists, excellent lawyers, and exemplary and outstanding businessmen working at agencies, organizations, and units outside the public sector as prescribed by talent attraction policies.

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c) People receiving salaries in the People’s Army, People’s Public Security Force, and cipher organizations who are not civil servants;

d) Persons holding management or leadership positions and titles from the division level or higher in wholly/partially state-owned enterprises or voting shares;

dd) Former cadres or civil servants who have been transferred to non-civil servant/cadre positions at other agencies or organizations by competent authorities;

e) Persons recruited under the pay grade targets assigned by competent authorities to work in associations with tasks assigned by the CPV and the State;

g) Persons engaged in part-time operations at the commune level before the effective date of this Decree;

h) Members of the pilot projects on the selection of young intellectuals to volunteer to participate in the development of rural areas and mountainous areas in communes during 2013-2020 who have signed labor contracts before July 1, 2025 and continue working in the communes from that date onward.

2. Acceptance authority

a) Heads of recruiting agencies shall decide on the acceptance of the cases prescribed in Points b, c, and dd Clause 1 of this Article;

b) Heads of agencies managing civil servants shall decide on the acceptance of the cases prescribed in Points a, d, e, g, and h Clause 1 of this Article.

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Based on the civil servant proportion required for each job position in agencies employing civil servants, the assigned staff positions, and requirements of the job positions to be filled, heads of recruiting agencies or heads of managing agencies shall assess and accept candidates into the civil service for the cases prescribed in Clause 1 of this Article if the conditions for registering participation in civil servant recruitment prescribed in Clause 1 Article 19 of the Law on Cadres and Civil Servants are met, excluding the cases prescribed in Clause 3 Article 19 of the Law on Cadres and Civil Servants or cases of persons under disciplinary actions or implementing disciplinary regulations as prescribed by the regulations of the CPV and the law.

a) Individuals prescribed in Point a Clause 1 of this Article shall have results and products corresponding to the concerned job positions;

b) Individuals prescribed in Points b, c, d, e, g, and h Clause 1 of this Article shall have at least 5 years of working experience as prescribed by the law, participate in compulsory social insurance (non-continuous periods may be aggregated if they have not applied for a lump-sum social insurance withdrawal, including the working period if they previously held the job positions prescribed in Points b, c, dd, e, g, and h Clause 1 of this Article), and have engaged in work with professional requirements in conformity with the concerned job positions;

c) Individuals prescribed in Point dd Clause 1 of this Article shall have written decisions of competent authorities assigning them to work at other agencies, organizations, or units according to task requirements and are not required to meet the 5-year experience condition prescribed in Point b of this Clause.

4. The dossier of an individual recommended for acceptance into the civil service includes:

a) Personal curriculum vitae prepared within 30 days before the submission of the dossier, confirmed by the current agency, organization, or unit;

b) Copies for diplomas, certificates, and other papers according to the requirements of the concerned job position;

c) Health certificate issued by a competent health authority within the last 6 months;

d) Written self-assessment on the political qualities, ethics, professional qualifications/capacities, and work history as required by the accepting agency.

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Article 14. Acceptance procedures

1. Examination council:

a) The head of the recruiting agency shall establish an examination council. The examination council’s composition shall comply with Clause 1 Article 8 of this Decree;

b) Tasks and entitlements of the examination council:

Inspect the standards, conditions, diplomas, and certificates of individuals recommended for acceptance according to the requirements of the concerned job positions;

Organize oral exams of the general knowledge and professional capacity of individuals recommended for acceptance based on the requirements of the concerned job positions;

Submit reports on the exam results to the head of the recruiting agency;

c) The examination council shall operate under the principles of collective decision-making by majority. In the event of a tie vote, the decision shall follow the opinion voted by the president of the examination council. The examination council shall establish a supporting secretarial team if necessary.

The examination council shall dissolve after it has completed its tasks.

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a) Acceptance of the individuals prescribed in Points b, c, and dd Clause 1 Article 13 into non-management/leadership positions in the civil service;

b) Acceptance of the individuals prescribed in Clause 1 Article 13 of this Decree into management/leadership positions in the civil service.

3. Persons with familial relationships (e.g., spouses, parents, siblings, and in-laws) with exam participants and persons under disciplinary actions or previously disciplined for corruption or negativity shall not serve as members of the examination council.

4. The head of the recruiting agency shall decide on the acceptance of civil servants within his/her jurisdiction.

5. Regarding acceptance into management or leadership positions, comply with the appointment procedures for external personnel. Appointment decisions shall also be decisions on acceptance into the civil service and shall be carried out as follows:

a) Where the recruiting agency is the appointment agency or an inferior agency of the appointment agency, the appointment decision shall also be the acceptance decision;

b) Where the recruiting agency is a superior agency of the appointment agency, the appointment agency shall submit reports and obtain approval for the acceptance from the recruiting agency before issuing the appointment decision.

Section 5. PROCEDURES FOR CIVIL SERVANT ENTRANCE EXAMS AND SELECTION

Article 15. Notices of recruitment and receipt of application forms

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2. The content of the recruitment notice includes:

a) The number of staff positions to be recruited in each job position, including a specific notice of the job positions to be jointly recruited for multiple agencies employing civil servants (if any);

b) The number of job positions to be filled through the entrance exam or selection;

c) Standards and conditions of the applied job positions.

Where the recruiting agency decides to organize a foreign language exam, the test language, content, form, duration, and passing score must be determined;

d) Period, address, and method for receiving application forms following Form No. 01 enclosed with this Decree (in person, via email, through the web portal, or other appropriate electronic methods); phone number, email, or other addresses of the department receiving the application forms;

dd) Form and content of the recruitment or selection; time and location of the exam or selection; forms of notices sent to the applicants (SMS, email, or other appropriate electronic forms);

e) Other contents as decided by the recruiting agency.

3. The head of the recruiting agency may modify the content of the recruitment notice once, provided that such change is made at least 10 days before the opening date of the recruitment period and is publicized as prescribed in Clause 1 of this Article. Upon changes to the recruitment notice, relevant regulations shall apply from the date of announcement of the new recruitment notice.

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Article 16. Procedures for organizing civil servant exams and selection

1. After announcing the recruitment notice, the head of the recruiting agency shall decide to establish a recruitment council. The recruitment council shall decide to establish an application review board to inspect applicants’ standards and conditions.

2. Within 15 days, or 30 days in cases where there are 500 or more applicants, from the last date of the period for receiving application forms, the recruitment council shall complete the following tasks:

a) Announce a notice on the website or web portal of the list of candidates eligible for the exam or selection and information relevant to the recruitment.

The notice shall specify the information of the candidates; applied job positions, order of selection priority in the application forms (for positions jointly recruited for multiple agencies employing civil servants); time of the exam’s rounds 1 and 2 (expected) for the entrance exam for job positions assigned to specialist pay grades and equivalents; time for the professional specialty exam (for job positions assigned to employee pay grades, principal specialist pay grades and equivalents, senior specialist pay grades and equivalents, and senior expert pay grades), time for the oral exam (for recruitment by selection); form and location of the entrance exam and relevant information.

b) Send convocation notices to applicants.

Where an applicant fails to meet the required conditions and standards, the recruitment council shall issue a notice specifying the reason.

3. Organization of the conditional subject exam (round 1):

a) Round 1 must be organized no later than 30 days from the end date of the period for receiving application forms. Where the mentioned period is extended as prescribed in Clause 2 of this Article, round 1 must be organized no later than 45 days from the end date of such period;

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The results shall be notified to candidates immediately after the exam ends. The results of round 1 shall not be re-marked;

c) The recruitment council shall announce the list of candidates eligible for round 2, as well as the time, location, and form of round 2 on the website and or web portal of the recruiting agency and notify candidates of such information. Candidates who pass round 1 are automatically eligible to proceed to round 2 without the need for convocation notices.

4. Organization of professional specialty exam (round 2):

a) Round 2 must be organized no later than 10 days from the conclusion of round 1;

b) If the professional specialty exam is in written form:

Within 15 days from the end of the written exam, the marking and announcement of results on the recruiting agency's web portal or website, as well as the announcement of receipt of re-marking applications, must be completed. If the number of candidates in round 2 is 1000 or more, the president of the recruitment council may decide to extend the marking period up to 30 days. Applications for re-marking may be submitted within 5 working days from the date of the result announcement.

If re-marking applications are submitted, the re-marking must be completed within 10 days from the end of the period for receiving re-marking applications. If there are many re-marking applications, the president of the recruitment council may decide to extend the re-marking period up to 20 days from the end of the period for receiving re-marking applications.

Where the written exam is conducted on computers, the results shall be notified to candidates immediately after the exam ends. The results of such an exam shall not be re-marked.

c) If the professional specialty exam includes a written exam and an interview:

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The recruitment council shall decide to organize the interview exam immediately after the written exam ends (when the results of the written exam are not available). The results of the interview exam shall not be re-marked.

Where the written exam is conducted on computers, the recruitment council shall decide to organize the interview for candidates who pass the written exam no later than 5 days after the written exam ends.

5. For job positions not requiring 2 rounds of exam, the recruitment council shall organize the exam no later than 30 days from the end of the period for receiving application forms. If the period for receiving application forms is extended as prescribed in Clause 2 of this Article, the exam shall be organized no later than 45 days from the end of such period.

The organization of entrance exams and marking for recruiting civil servants into job positions assigned to principal specialist pay grades and equivalents shall comply with Points b and c Clause 4 of this Article.

Re-marking shall not be carried out for the results of oral exams, practical exams, written exams on computers, interviews, and project-based exams.

6. Selection organization:

No later than 15 days from the issuance of the notice of convocation of candidates eligible to participate in the oral exam as prescribed in Clause 2 Article 11 of this Decree, the recruitment council shall organize the oral exam. The results of the oral exam shall not be re-marked.

Article 17. Notices of civil servant recruitment results

1. Within 5 working days from the completion of the marking or assessment of professional specialty (including re-marking, if any), the recruitment council shall summarize and report the results to the head of the recruiting agency. The head of the recruiting agency shall approve the results within 5 working days after receiving the result summary report.

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Article 18. Completion of recruitment dossiers

1. Within 20 days from the date the list of successful candidates is published on the recruiting agency’s website or web portal, a successful candidate shall complete and submit his/her recruitment dossier to the recruiting agency. A recruitment dossier includes:

a) Copies of diplomas or certificates (excluding informatics and foreign language certificates) as required by the recruiting agency in the recruitment notice;

b) Copies of the priority certificate (if any).

2. Where the successful candidate fails to complete the recruitment dossier according to regulations, commits fraudulent acts while declaring the application form, is detected to have used diplomas or certificates contrary to regulations to participate in the recruitment, the head of the recruiting agency shall issue a decision to cancel the successful recruitment results.

Where applicants commit fraudulent acts during the declaration of the application forms or use diplomas or certificates contrary to regulations to participate in the recruitment, the recruiting agency shall announce such cases on its website or web portal and refuse to receive such applicants’ application forms for the subsequent recruitment session.

Article 19. Recruitment decision and job commencement

1. No later than 5 working days from the end of the deadline for completing recruitment dossiers as prescribed in Clause 1 Article 18 of this Decree, the head of the recruiting agency shall issue recruitment decisions and send notices to successful candidates. A recruitment decision consists of the recruitment, arrangement of job positions, and assignment of pay grades corresponding to the job positions to be filled. The recruiting agency shall request the competent authorities, under judicial record laws, to provide the judicial record certificates of successful candidates.

2. Within 30 working days from the issuance of the recruitment decision, the recruited person must report for duty unless the decision specifies a different timeline or an extension is approved by the recruiting agency.

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4. After the period prescribed in Clause 2 of this Article, the recruiting agency shall announce the notice on its website or web portal and send such notice to the candidate whose recruitment results immediately below (in order) that of the candidate whose recruitment results were canceled under Clause 2 Article 18 of this Decree or whose recruitment decision was canceled under Clause 3 of this Article, so that he/she may complete his/her dossiers. The recruitment decision shall be issued within 15 days from the end of the period prescribed in Clause 2 of this Article.

Where 2 or more candidates have equal results, the head of the recruiting agency shall decide on the successful candidate in compliance with Clause 2 Article 10 of this Decree (in case of organizing an entrance exam) or Clause 2 Article 12 of this Decree (in case of recruitment by selection).

Article 20. Salary classification for persons recruited into civil service who were compulsory social participants in their previous working periods

Where a person recruited into the civil service under this Decree has prior working experience, as prescribed by the law, relevant to the requirements for professional specialty and qualification of the job position to be filled, has participated in compulsory social insurance (non-continuous periods may be aggregated if he/she has not applied for a lump-sum social insurance withdrawal), and is arranged to work in conformity with his/her previous professional specialty, such working experience shall be included in the grounds for salary classification subject to the civil servant pay grades corresponding to the concerned job position.

The Ministry of Home Affairs of Vietnam shall elaborate on this Article.

Chapter III

CIVIL SERVANT EMPLOYMENT

Section 1. ARRANGEMENT AND ASSIGNMENT OF CIVIL SERVANT PAY GRADES BASED ON JOB POSITIONS

Article 21. Work arrangement and assignment

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2. The arrangement and assignment of work to civil servants shall ensure conformity between the assigned entitlements/tasks and the titles and job positions.

3. Civil servants shall assume legal responsibility for the implementation of their tasks and official duties. Civil servants holding leadership positions shall also assume responsibility for the implementation of tasks and official duties by other civil servants under their management as prescribed by the law.

4. Civil servants in positions requiring periodic transfer shall comply with the law.

Article 22. Arrangement and changes in job positions of civil servants

1. Arrangement of job positions for persons recruited into the civil service

a) Persons recruited into the civil service shall be arranged to the exact job positions specified in the recruiting agency’s recruitment notice;

b) The head of the employment agency shall conduct work assignments following the requirements of the recruited job positions; provide advanced training, monitor, and assess civil servants’ implementation of tasks and responsibilities;

c) Persons recruited into the civil service shall properly and adequately implement their assigned tasks and entitlements following the requirements of the job positions; comply with the law and internal regulations of their agency; and comply with the law on labor discipline, official-duty ethics, and other regulations of the agency.

2. Changes in job positions of civil servants

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b) A professional or specialized civil servant may have his/her job position change due to being assigned to another job position subject to a pay grade different from the current civil servant pay grade.

Article 23. Conditions and standards for civil servants upon job position changes

1. For management and leadership positions, comply with the decisions of personnel authorities.

2. For professional/specialized job positions and supporting job positions

a) There are available job positions appropriate for the civil servant proportions to be arranged based on the job positions in agencies employing civil servants approved by competent authorities;

b) The civil servants are classified as “good performance” or higher in the working year prior to the year of job position changes; not under any disciplinary actions; not serving any disciplinary decisions; not subject to any prosecution, investigation, indictment, or trial; not implementing any disciplinary regulation as prescribed by the regulations of the CPV and the law;

c) The civil servants’ task implementation results, indicated through the quantity, quality, and progress of the products of their current job positions, are appropriate for the expected job positions;

d) The civil servants have adequate professional capacity and qualification as required by the description and capacity framework of the expected job positions.

3. Heads of agencies employing civil servants shall develop schemes for job position changes for civil servants under their management and submit reports to the heads of agencies managing civil servants for decisions. A scheme for job position changes includes:

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b) Civil servant proportions to be arranged by each job position in the agency employing civil servants approved by the competent authorities; the number of current civil servants by each job position;

c) Annual assessment and classification results, along with the regular monitoring and assessment results of the civil servants expected to be arranged for new job positions;

d) The number of civil servants meeting the conditions and standards to be arranged for new job positions;

dd) Selection scheme in case of surplus personnel.

Article 24. Implementation of job position changes for civil servants

1. Changes in management and leadership positions shall comply with the decisions of personnel authorities.

2. Changes in job positions with civil servant pay grades higher than the current pay grades in terms of professional and specialized levels

a) The head of the civil servant management authority shall decide or delegate/authorize the decision to establish a council to assess compliance with conditions and standards of civil servants based on the scheme for job position changes of the agency employing civil servants.

The council shall consist of leaders, local committee representatives of the agency employing civil servants, and other members as decided by the head of the competent authority. The number of council members must be odd. The council may only hold a meeting when at least two-thirds of the members are present. The council shall operate under the principles of collective decision-making by majority. In the event of a tie vote, comply with the opinion voted by the president of the council. The council meeting must be recorded in minutes;

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3. Changes in job positions with civil servant pay grades of the same professional and specialized level, but different from the current pay grades.

The head of the agency employing civil servants shall decide on (within its jurisdiction) or request the competent authority to issue a decision on job position changes and arrangement of pay grades corresponding to the new job positions for civil servants.

4. Regarding changes in job positions with civil servant pay grades lower than the current pay grades in terms of professional and specialized levels, the head of the agency employing civil servants shall decide on (within its jurisdiction) or request the competent authority to issue a decision on job position changes and arrangement of pay grades corresponding to the new job positions for civil servants in the following cases:

a) Civil servants fail to meet task requirements;

b) Civil servants voluntarily request to move to job positions with civil servant pay grades lower than the current pay grades in terms of professional and specialized levels.

Where no job positions appropriate for the civil servants’ capacity and quality are available, or the required number of civil servants based on the civil servant proportions to be arranged per job position (as approved by the competent authority) has already been filled, the head of the competent authority shall decide the dismissal.

Section 2. CIVIL SERVANT MOBILIZATION AND SECONDMENT

Article 25. Civil servant mobilization

1. Civil servant mobilization shall be carried out in the following cases:

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b) To follow specific planning or plans for civil servant employment in agencies, organizations, and among agencies and organizations as decided by competent authorities;

c) To conduct position transfer according to regulations of the CPV and the law.

2. Civil servant mobilization authority:

Heads of agencies and organizations assigned and delegated to manage civil servants shall decide on the mobilization of civil servants under their management or request competent authorities to make the decision as prescribed by the law.

3. Civil servant mobilization procedures:

a) Based on the planning, work demands, and civil servants’ capacity and strength, the head of the agency or organization assigned or delegated to manage civil servants shall develop plans and measures to mobilize civil servants under its management and submit reports to the competent authority for assessment and decision on the implementation;

b) Prepare a list of civil servants to be mobilized.

c) Adopt specific implementation measures for each case;

d) For civil servants holding management or leadership positions, implement the mobilization procedures following those for appointing management/leadership civil servants from other personnel sources as prescribed in Clause 3 Article 33 of this Decree.

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5. Cases where mobilization shall not be carried out

a) The civil servants are under disciplinary reviews or actions;

b) The civil servants are subject to prosecution, investigation, or are involved in specific inspections;

c) The civil servants are undergoing treatment for serious illnesses as prescribed by the regulations of the Ministry of Health of Vietnam;

d) The civil servants are pursuing long-term learning or are seconded under decisions of competent authorities;

dd) Female civil servants who are pregnant, on maternity leave, or raising children under 36 months of age, or male civil servants raising children under 36 months of age (in case of their spouses’ death or other objective reasons or force majeure), unless they request to be mobilized;

e) Civil servants with especially difficult circumstances, as confirmed by the agencies employing civil servants, unless they request to be mobilized;

g) Other cases as decided by heads of mobilization authorities based on specific circumstances.

Article 26. Civil servant secondment

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a) To perform urgent and irregular tasks;

b) To carry out work requiring settlement within a specific period.

2. The civil servant secondment duration shall not exceed 3 years unless otherwise prescribed by specialized laws. Upon the end of the secondment duration, the agencies or organizations seconding civil servants shall assess and decide to end or extend the secondment duration for civil servants.

3. Seconded civil servants shall be subject to the assignment, arrangement, assessment, and inspection of task performance by the receiving agencies/organizations. However, they shall remain in the staff positions of the seconding agencies/organizations, including cases where management/leadership civil servants are seconded to the host agencies to hold management/leadership positions equivalent to their current positions.

4. Civil servant secondment authority:

Heads of agencies and organizations assigned and delegated to manage civil servants shall decide on the secondment of civil servants under their management or request competent authorities to make the decision as prescribed by the law.

5. Civil servant secondment procedures:

a) The agency/organization where the civil servants are currently working and the one to which the civil servants are to be seconded must exchange written communication and reach a consensus;

b) The head of the agency/organization where the civil servants are working shall decide (under its jurisdiction) or request the competent authority to make a decision according to the management delegation.

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7. The cases where secondment is not permitted shall comply with Clause 5 Article 25 of this Decree.

Article 27. Benefits and policies for mobilized and seconded civil servants

1. Civil servants holding management/leadership positions who are mobilized to other job positions with position-based allowances lower than their current position-based allowances shall be entitled to retain their current position-based allowances for 6 months.

2. Agencies/organizations seconding civil servants shall pay their salaries, ensure other benefits of civil servants during the secondment period, and arrange job positions for the seconded civil servants upon the end of the secondment period. Where agencies/organizations to which the civil servants are seconded have specific benefits and policies, the civil servants shall, in addition to the salaries and other benefits paid by the seconding agencies/organizations, be entitled to the specific benefits and policies paid by the receiving agencies/organizations.

3. Where civil servants are seconded to work in mountainous areas, border areas, islands, remote areas, areas of ethnic groups, and areas with extremely disadvantaged socio-economic conditions, they shall be entitled to preferential benefits and policies as prescribed by the law.

Section 3. APPOINTMENTS OF CIVIL SERVANTS TO MANAGEMENT AND LEADERSHIP POSITIONS

Article 28. Term of Office

1. The term of office for each appointment to a leadership or management position is 5 years from the effective date of the appointment decision, excluding cases where the term of office is under 5 years as prescribed by specialized laws.

2. Civil servants in management/leader positions may be reappointed multiple times without limit unless otherwise prescribed by regulations of the CPV or specialized laws.

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1. Meeting the general standards prescribed by regulations of the CPV and the laws and specific standards of the appointed positions and titles as prescribed by the regulations of the competent authorities.

2. Ensuring that personnel from internal sources are included in the planning for positions/titles to be appointed, or the planning for the equivalent positions/titles or higher. Ensuring that personnel from external sources are included in the planning for equivalent positions/titles or higher. Special cases shall be assessed and decided by competent authorities.

Where agencies, organizations, or units are newly established and planning has not been approved, competent authorities shall assess and decide on the matter.

3. Having experience in holding positions/titles to be appointed or equivalent positions/titles as prescribed by competent authorities.

4. Having verified curricula vitae and declarations of property and income as per regulation. Meeting the standards and conditions of the management/leadership job positions.

5. Age requirements for appointment:

a) A civil servant recommended for appointment to a leadership/management position/title for the first time or requesting appointment to a higher leadership/management position/title shall be of eligible age to serve a full term. The reference date of age determination shall comply with the regulations of the competent authority. Special cases shall be assessed and decided by the competent authority;

b) Where a civil servant is appointed to an equivalent or lower position/title than the current position/title, the age requirement in Point a of this Clause does not apply.

6. Having sufficient health to fulfill assigned tasks and responsibilities.

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Article 30. Responsibilities in appointing civil servants to leadership and management positions

1. Heads, members of local committees, and leaders of agencies and organizations shall recommend personnel and provide evaluations and assessments of the recommended personnel.

2. Local committee collectives and leadership collectives of agencies and organizations shall discuss, assess, evaluate, decide, or request competent authorities to carry out the assessment and decision.

3. Individuals and collectives providing appointment recommendations shall assume responsibility before competent authorities for their recommendations, assessments, evaluations, and conclusions regarding the political standards, ethics, lifestyle, capacity, strengths, and weaknesses of the personnel recommended for appointment.

4. Advisory agencies for personnel and organization and relevant agencies shall assume responsibility for the appraisal results and personnel recommendations based on their functions, tasks, and entitlements.

5. Leadership collectives and heads shall decide the appointment and assume responsibility for their decisions; lead and direct the inspection, supervision, and handling of violations related to civil servant affairs.

6. Civil servants recommended and assessed for appointment shall assume responsibility for their declaration of curricula vitae, property, income, and description of relevant contents.

Article 31. Appointment authority

1. For positions under the management of the Politburo of Vietnam and the Secretariat of Vietnam, the appointment authority shall comply with the regulations on cadre management delegation of the Politburo of Vietnam.

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Article 32. Procedures for appointing civil servants to leadership and management positions under management of Politburo of Vietnam and Secretariat of Vietnam

1. The procedures for appointing civil servants to leadership/management positions under the management of the Politburo of Vietnam and the Secretariat of Vietnam shall comply with the regulations on cadre appointment of the Politburo of Vietnam.

2. For positions authorized by the Politburo of Vietnam and the Secretariat of Vietnam to the Standing Agency of the CPV Committee of the Government of Vietnam for decisions, aside from the appointment procedures as prescribed by the Politburo of Vietnam, the following tasks shall be carried out:

a) Agencies and organizations wishing to appoint civil servants shall request the Standing Agency of the CPV Committee of the Government of Vietnam and the Prime Minister of Vietnam to provide consistent opinions on the appointment guidelines before requesting the Secretariat to carry out an assessment and decision;

b) Agencies and organizations wishing to appoint civil servants shall request the Standing Agency of the CPV Committee of the Government of Vietnam and the Prime Minister of Vietnam to consider issuing decisions on specific personnel appointment and send appointment recommendation dossiers to the Ministry of Home Affairs of Vietnam for appraisal.

3. For positions requiring personnel appraisal by committees of the CPV Central Committee before the Standing Agency of the CPV Committee of the Government of Vietnam and the Prime Minister of Vietnam make any decision, aside from the appointment procedures prescribed by the Politburo of Vietnam, the following tasks shall be carried out:

a) Agencies and organizations wishing to appoint civil servants shall request the Standing Agency of the CPV Committee of the Government of Vietnam and the Prime Minister of Vietnam to provide consistent opinions on the appointment guidelines and send them to the Ministry of Home Affairs of Vietnam for appraisal and the CPV Organisation Commission for monitoring;

b) Agencies and organizations wishing to appoint civil servants shall request the Standing Agency of the CPV Committee of the Government of Vietnam and the Prime Minister of Vietnam to consider issuing decisions on specific personnel appointment and send appointment recommendation dossiers to the Ministry of Home Affairs of Vietnam for appraisal.

Article 33. Procedures for appointing civil servants to leadership and management positions under management of Ministries, central authorities, and local authorities

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a) Leadership collectives and local committees of agencies, organizations, and units wishing to appoint civil servants to leadership/management positions shall request guidelines in writing from competent authorities, specifying the number of positions/titles requiring consolidation, personnel sources to be appointed, and fields and tasks to be appointed;

b) After receiving the request, within 15 working days, appointing authorities shall consider issuing decisions on appointment guidelines, specifying the personnel sources to be appointed and other contents (if any);

c) After receiving written consent to the appointment guidelines, within 30 working days, agencies, organizations, and units shall complete the personnel procedures as prescribed by regulations. Where the mentioned entities fail to complete the personnel procedures, they shall submit reports to the appointing authorities for assessment and direction.

2. Implementation of appointment procedures for internal personnel sources:

The appointment procedure for internal personnel sources includes 5 steps; conferences may only be carried out when at least two-thirds of the convened participants are present.

The rate of nomination votes shall be calculated based on the number of present invitees. Votes on nomination of personnel to be appointed in steps 2, 3, 4, and 5 shall be issued by the conference organization board, bearing the official seal of the agency, organization, or unit, or the direct signature of the presiding officer in cases where no official seal is available. The content of the conference and the vote counting results at these steps must be recorded in the meeting minutes. The number of nomination votes shall be prepared based on the number of convened participants and distributed based on the number of attendees present. Representatives of advisory agencies or departments for personnel and organization may participate in the mentioned steps, but they shall not cast any vote (except in cases where they are part of the voting members).

The convened participants shall comply with this Clause.

a) Step 1: First leadership collective conference

Based on the appointment guidelines and task requirements of the agency, organization, or unit, and the personnel sources in the planning, the presiding officer and the leadership collective review and reach consensus on the structure, standards, conditions, and personnel procedures; review the list of all persons in the planning for internal personnel sources (including personnel in the planning for equivalent positions/titles or higher); review the results of the assessment of each individual in the planning and approve the list of personnel meeting the prescribed standards and conditions for nomination in the subsequent step. The list of nominated personnel must meet the standards and conditions prescribed by the regulations of the CPV and the law and conform to the appointment guidelines.

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b) Step 2: Expanded leadership collective conference

The head presents the personnel appointment orientation for discussion at the conference and proceeds with the nomination of personnel by secret ballot.

Composition: Leadership collective as prescribed in Point a of this Clause; standing agency of the local committee of the same level (for CPV organizations at a level higher than the grassroots-level) or local committee of the same level (for grassroots-level CPV organizations) of the agency, organization, and unit; heads of subordinate units and affiliates (if any).

Nomination and selection principles: Each attendee shall nominate 1individual for 1 position/title. A nominee who receives more than 50% of the nomination votes shall be selected. Where no nominee receives more than 50% of the votes, all nominees who receive 30% or more of the votes shall be selected for nomination in the subsequent step. Where no nominee receives at least 30% of the votes, the conference shall not proceed to the subsequent step, and a report shall be submitted to the competent authority for assessment and direction.

The vote counting results shall not be disclosed at this conference.

c) Step 3: Second leadership collective conference

The leadership collective conducts discussions and nominates nominees by secret ballot based on the personnel nomination results from step 2.

Composition: Comply with step 1.

Nomination and selection principles: Each attendee shall nominate 1 individual for 1 position or title among the nominees nominated in step 2, or nominate another individual who meets the prescribed standards and conditions. A nominee who receives more than 50% of the nomination votes shall be selected. Where no nominee receives more than 50% of the votes, all nominees who receive 30% or more shall be selected for the subsequent step. Where no nominee receives at least 30% of the votes, the conference shall not proceed to the subsequent step, and a report shall be submitted to the competent authority for assessment and direction.

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The vote counting results shall be disclosed at this conference.

d) Step 4: Key cadre conference

Key cadres have their opinions solicited according to the list of nominated personnel in step 3.

Composition: Expanded leadership collective as prescribed in Point b of this Clause; heads of socio-political organizations of the agency, organization, or unit (if any); deputy heads of heads of subordinate and affiliated agencies, organizations, and units (if any).

Where the appointment involves civil servants in leadership/management positions at constituent units, or within an agency, organization, or unit with subordinate or affiliated units with fewer than 30 persons, or within an agency, organization, or unit without any affiliated or subordinate unit, all civil servants of such agency, organization, or unit shall participate.

Procedure for soliciting opinions: Announce the list of personnel nominated in step 3; provide a summary of their personal background, education, work history, and declaration of property and income as prescribed by the law; assess and evaluate their strengths, weaknesses, development potential, and expected job assignments.

Attendees shall write or check their nomination votes (signatures may be included or omitted). The vote counting results shall not be disclosed at this conference.

dd) Step 3: Third leadership collective conference

Before convening the conference, the agency, organization, or unit must send a written request to the local committee of the same level to provide written assessments and evaluations on the personnel; conduct verification and conclusions on arising issues (if any) concerning the personnel.

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Composition: Comply with step 1.

Implementation procedures: Based on the written assessments and evaluations of the local committee of the same level, voting results from other conferences, results of the verification, and conclusion of arising issues (if any) concerning the personnel recommended for appointment, the leadership collective shall discuss and vote on the personnel by secret ballot.

Selection principles: A nominee who receives more than 50% of the nomination votes shall be selected for appointment recommendation. Where 2 nominees receive equal votes, both over 50%, the head shall consider selecting the nominee to be recommended for appointment and report all differing opinions to the competent authority for assessment and direction.

The head of the agency, organization, or unit shall issue an appointment decision within his/her jurisdiction or request the competent authority to consider issuing the decision as prescribed by regulations.

3. Implementation of appointment procedures for external personnel sources:

Where personnel are proposed to be mobilized and appointed by a competent authority from personnel sources outside the agency, organization, or unit, or are proposed by the agency, organization, or unit (from external sources), the advisory agency or department for personnel and organization of the competent authority shall carry out the following 3 steps:

Step 1: Exchange and solicit opinions from the leadership collective of the agency, organization, or unit where the appointment is expected regarding the appointment guidelines.

Step 2: Exchange and solicit opinions from the leadership collective where the personnel are working regarding the appointment guidelines. The leadership collective where the personnel are working shall conduct voting.

Any individual recommended for appointment must receive more than 50% of the nomination votes (based on the total convened participants). Where exactly 50% is achieved, the head shall assess and make the decision.

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Meet with the individual expected to be appointed to discuss the work requirements.

Step 3: Take charge and cooperate with relevant agencies, organizations, or units in conducting personnel appraisal and preparing and presenting a written statement to the competent authority for assessment and decision.

Where the personnel meet the prescribed standards and conditions, but the agency, organization, or unit (where they are working or where the appointment is expected) or the personnel to be appointed have different and inconsistent opinions, the advisory agency or department for personnel and organization shall report and present all differing opinions to the competent authority for assessment and decision.

The head of the agency, organization, or unit shall issue an appointment decision within his/her jurisdiction or request the competent authority to consider issuing the decision.

4. Based on specific conditions of agencies and organizations, the Ministers, Directors of ministerial agencies, heads of organizations established by the Government of Vietnam and Prime Minister of Vietnam that are not public service providers, and Presidents of People’s Committees of provinces and cities shall stipulate the authority, appointment procedures, and responsibility for organizing meeting following the prescribed steps; decide specific participants for each step in the procedures for appointing leadership/management positions under their management, ensuring conformity with the principles prescribed by competent authorities, this Decree, and relevant regulations.

Article 34. Appointment in other cases

1. Appointment in the event of merger, consolidation, division, reorganization, or conversion of organizational models:

a) Where the civil servant’s current position in the former agency, organization, or unit is equivalent to or higher than the position to be assumed in the new agency, organization, or unit, the competent authority shall, based on the civil servant’s qualities, capacity, and reputation, assess and decide the appointment without carrying out the appointment procedures as prescribed by regulations; the term of office shall be calculated according to the new appointment decision;

b) Where the agency, organization, or unit is renamed without changing its organizational model, the competent authority shall decide to change the title according to the corresponding new job position; the term of office shall be calculated according to the previous appointment decision; the appointment procedures shall not be carried out and no appointment dossier shall be prepared as prescribed by regulations;

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d) Where the new agency, organization, or unit has yet to have a leadership collective, or where the current agency, organization, or unit where the civil servant works no longer has a leadership collective, the appointing authority shall, based on the approved scheme and statements of the advisory agency or department for personnel and organization, obtain consensus within the standing agency of the local committee of the same level (for CPV organizations above the grassroots level) or the local committee of the same level (for grassroots-level CPV organizations) before issuing the appointment decision.

a) Appointment of the head or deputy head of a newly established agency, organization, or unit;

b) Where the appointment procedures are carried out but, at the same time, the agency, organization, or unit has only one leader (either the head or deputy head), or in the case of appointing the head of an agency, organization, or unit;

c) Where the appointment procedures are carried out but, at that time, the internal leadership of the agency, organization, or unit lacks unity or has multiple persons committing violations, making the appointment procedures lacking in objectivity;

d) Where, due to natural disasters, accidents, or other force majeure reasons, the agency, organization, or unit no longer has any leader or manager.

Relevant procedures shall comply with Article 33 of this Decree.

3. Where the agency, organization, or unit has yet to consolidate its leadership position or where the head has been absent for an extended period, to ensure the adequate implementation of the responsibilities and entitlements of the head and regular activities of the agency, organization, or unit, the appointing authority shall consider deciding to assign acting authority to the deputy head of that agency, organization, or unit, except as otherwise decided by the competent authority. The acting period shall not be included in the term of office when officially appointed.

4. Where Ministries, ministerial agencies, governmental agencies, organizations established by the Government of Vietnam and the Prime Minister of Vietnam that are not public service providers, and People’s Committees of provinces and cities conduct pilot implementation of the regulations on probationary leadership and management positions; pilot assignment of rights and responsibilities to heads in the appointment of deputy heads (internal or external personnel sources) and in the appointment or dismissal of heads of agencies, organizations, and units at the administrative level directly under their management following the guidelines of the CPV, the implementation procedures shall comply with competent authorities’ guidance.

Article 35. Appointment dossiers

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1. Statement on the appointment signed by the head of the agency, organization, or unit (for cases submitted to a higher authority for appointment decision); or signed by the head of the advisory agency or department for personnel and organization (for cases where the appointment decision is made by the head of the agency, organization, or unit).

2. Conference minutes and consolidated vote counting results, enclosed with the vote-counting minutes, from each step of the appointment procedures.

3. Curriculum vitae declared by the individual following the prescribed form with a 4x6 color photograph affixed and confirmed and stamped by the direct managing agency; the photograph must be taken within 6 months prior to dossier submission.

4. Self-assessment report on the last 3 years of work.

5. Assessment and evaluation of the party cell or CPV committee of the current agency; assessment and evaluation for the last 3 years from the leadership collective of the agency, organization, or unit on ethical qualities, lifestyle, sense of organizational discipline, internal solidarity, working capacity, implementation results of assigned tasks (specifying the specific products and achievements), shortcomings, deficiencies, violations (if any), reputation, and development prospects.

6. Evaluation of the party cell executive where the individual resides, regarding both the individual and his/her family. Where the individual’s residence differs from the family’s residence, evaluation must be obtained from the party cell executives at both locations.

7. Conclusion on the political standards by the competent local committee as prescribed by the regulations of the Politburo of Vietnam on the protection of the CPV’s internal politics.

8. Declaration of assets and income as prescribed by regulations.

9. Copies of diplomas and certificates as required by the standards for the appointed title. For diplomas or certificates issued by foreign educational institutions or by domestic educational institutions in association with foreign educational institutions, recognition shall be carried out in compliance with the law.

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Where the components of the dossier prescribed in this Clause have been approved by competent authorities and stored in national databases, they may substitute for the corresponding physical copies.

Section 4. REAPPOINTMENT AND EXTENSION OF TERM OF LEADERSHIP OR MANAGEMENT POSITIONS

Article 36. Time, period, and principles of reappointment or extension of term of leadership or management positions

1. When the term of office of a civil servant holding a leadership or management position expires, the competent authority or organization shall carry out the procedures for considering reappointment or extending the term of such position. Where the procedures for reappointment or extension have yet to be implemented as prescribed in Clause 5 of this Article, or where the procedures have been implemented but new circumstances arise, so that upon the expiry of the term of office there is still no decision on reappointment or extension, the appointing authority shall issue a written notice to inform the relevant agency, organization, unit, and the civil servant concerned.

2. If, at the time the appointment term expires, a civil servant holding a leadership or management position has fewer than 5 years until reaching retirement age and is reappointed, the new term of office shall last until the statutory retirement date.

Where fewer than 2 years remain until the statutory retirement date, the appointing authority may, if the civil servant fully satisfies the prescribed standards and conditions, decide to extend the term of office until the statutory retirement date.

3. A decision on reappointment or extension of the term of leadership or management positions must be issued at least 1 working day before the appointment term expires.

If, due to objective reasons, the decision on reappointment or extension of the term of the leadership or management position is signed after the expiry date of the appointment term, the term stated in the new decision shall be counted from the expiry date of the appointment term specified in the previous decision and must be clearly specified therein.

4. Where the appointment term of a civil servant holding a leadership or management position expires and no decision on reappointment or extension has been issued by the competent authority, that person shall not perform the duties, tasks, and authority of the current leadership or management position. In that case, the implementation of such duties, tasks, and authority shall be considered and decided by the appointing authority.

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a) The civil servant holding the leadership or management position is under disciplinary action, investigation, prosecution, or trial;

b) The civil servant holding the leadership or management position is on an overseas study or work assignment for 3 months or more as assigned by a competent agency or organization;

c) The civil servant holding the leadership or management position is undergoing inpatient medical treatment for 3 months or more at a health establishment, or is on maternity leave.

6. If the appointment term of a civil servant holding a leadership or management position expires while he/she is under a disciplinary action but is not subject to dismissal or resignation under the regulations of the CPV and the law, the appointing authority shall, based on task requirements, discuss and consider his/her qualities, capacity, and reputation, the reasons and motives for violations, the nature and severity of impacts, and the results of remedial actions (if any) before deciding on reappointment or extension.

7. Where a civil servant holding a leadership or management position is not reappointed, the competent authority shall consider deciding to assign him/her to another position, following the principle that he/she shall not be assigned a position equivalent to or higher than the one he/she previously held.

Article 37. Reappointment standards and conditions

1. Successfully fulfilling tasks during the term of the leadership or management position.

2. Meeting the standards for the leadership or management title as prescribed by the competent authority at the time of reappointment.

3. Ensuring that the agency or organization has a need for the leadership or management position.

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5. Not falling under any statutory prohibitions on holding the position.

Article 38. Authority to decide on reappointment or extension of term of leadership and management positions until retirement age

Any appointing authority shall also be competent to carry out the reappointment or extension of the term of leadership and management positions.

Article 39. Reappointment procedures

1. No later than 90 days before the expiry of the appointment term, the appointing authority shall issue a notice to commence the reappointment procedures for the civil servant.

2. The civil servant shall prepare and submit a self-assessment report on the implementation of responsibilities and tasks during his/her term of office to the appointing authority.

3. A conference of key cadres shall be held to solicit opinions on the reappointment

Composition: Comply with step 4 of the procedures for appointing civil servants to leadership or management positions.

Implementation procedures: The civil servant under consideration for reappointment presents his/her self-assessment report on the implementation of responsibilities and tasks during the term of office; the conference provides opinions and votes by secret ballot.

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4. The head of the agency, organization, or unit directly employing the civil servant shall assess, evaluate, and propose the reappointment.

5. The leadership collective of the agency, organization, or unit shall discuss and vote on the personnel:

Composition: Comply with Point dd Clause 2 Article 33 of this Decree (step 5).

Implementation procedures:

The results of the vote carried out at the conference of key cadres are analyzed. The civil servant recommended for reappointment must receive more than 50% of the votes (based on the total number of convened participants at the conference of key cadres); if exactly 50%, the head shall decide; if less than 50%, the matter is reported to the competent authority for further consideration and decision on the continuation of the procedures.

Any arising issues are verified and concluded (if any).

Written opinions are solicited from the local committee at the same level regarding the civil servant recommended for reappointment.

The leadership collective discusses, assesses, evaluates, and votes on the personnel by secret ballot. The candidate recommended for reappointment must receive more than 50% of the nomination votes of the leadership collective; if exactly 50%, the head shall decide within his/her jurisdiction or present the matter to the competent authority for consideration and decision; if less than 50%, a full report on differing opinions must be prepared for the competent authority’s consideration and decision.

The head of the agency, organization, or unit issues the reappointment decision within his/her jurisdiction or requests the competent authority to consider issuing the decision.

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1. No later than 90 days before the expiry of the appointment term, the extending authority shall issue a notice to commence the consideration for extending the civil servant’s term of leadership or management position until the retirement age.

2. The civil servant shall prepare and submit a self-assessment report on the implementation of responsibilities and tasks during the term of office to the extending authority.

3. The head and the leadership collective of the agency or organization shall discuss and consider the extension. If the civil servant still has sufficient health, reputation, and meets the task requirements, a vote shall be commenced by secret ballot.

Any candidate recommended for extension of the term of a leadership or management position must receive more than 50% of approval votes from the leadership collective; if exactly 50%, the head shall decide and report differing opinions to the competent authority for consideration and decision.

The head of the agency or organization shall issue the decision within his/her jurisdiction or request the competent authority to consider deciding the civil servant’s extension of the term of the leadership or management position until retirement age.

Article 41. Dossiers for reappointment or extension of term of leadership and management positions until retirement age

1. The dossier for reappointment shall comply with Article 35 of this Decree, with the self-assessment report covering the entire term. For conclusions on political standards, if new circumstances arise that change the previous conclusion, an updated conclusion from the competent local committee is required.

2. The dossier for extension of the term of the leadership or management position until retirement age includes:

a) Statement on the request for extension of the leadership or management position until retirement age signed by the head of the agency or organization (if the matter is presented to a superior competent authority for decision) or by the head of the advisory agency for personnel and organization (if within the agency head’s jurisdiction);

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c) Self-declared personal curriculum vitae, completed following the prescribed form, confirmed by the direct managing agency, with a 4x6 color photograph affixed and taken within the last 6 months;

d) Self-assessment report on the implementation of responsibilities and tasks during the term of office;

dd) For conclusions on political standards: If new circumstances arise that change the previous conclusion, an updated conclusion from the competent local committee is required;

e) Evaluation of the party cell executive where the civil servant resides, regarding both the civil servant and his/her family. Where the civil servant’s residence differs from the family’s residence, evaluation must be obtained from the party cell executives at both locations;

g) Declaration of assets and income following the prescribed form;

h) Health certificate issued by a competent health establishment within the last 6 months.

Where the components of the dossier prescribed in Clause 2 of this Article have been approved by competent authorities and stored in national databases, they may substitute for the corresponding physical copies.

Section 5. TRANSFER OF CIVIL SERVANTS IN LEADERSHIP OR MANAGEMENT POSITIONS

Article 42. Subjects and scope of transfer

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a) Civil servants in leadership or management positions who are included in the planning of the agency or organization;

b) Civil servants in leadership or management positions holding head-level positions who, under regulations, may not serve more than two consecutive terms in the same administrative division or agency;

c) Civil servants in leadership or management positions who, under regulations, must not be locals.

2. Based on task requirements, planning, and plans to employ civil servants, civil servants in leadership or management positions shall be transferred within the system of agencies of the Communist Party of Vietnam, the State, the Vietnamese Fatherland Front, and socio-political organizations.

3. The titles subject to transfer shall comply with the guidelines of the CPV and the competent authorities.

Article 43. Transfer standards and conditions

1. Having a firm political stance/ideology and good ethical quality.

2. Having adequate professional qualifications, political theory knowledge, working capacity, and development prospects.

3. Meeting the prescribed criteria and conditions for the position to be assumed after the transfer.

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5. Having a health certificate issued by a competent health establishment within the last 6 months.

Article 44. Authority and responsibilities for implementing transfers

1. The authority to decide on the transfer shall comply with the regulations on cadre management delegation of the CPV and the law.

2. Implementation responsibilities:

a) The authority competent to decide the transfer shall lead and direct the development of transfer plans and the assignment of work to civil servants after the transfer; carry out the procedures for ensuring democracy, publicity, and transparency; inspect, supervise, and handle violations; manage and provide annual assessments/evaluations for transferred civil servants; conduct preliminary and final reviews on the transfer of civil servants in leadership or management positions;

b) The sending agency shall assess and evaluate the civil servant proposed for transfer; cooperate with relevant agencies in the management, supervision, and maintenance of regular contact with the transferred civil servant; receive, arrange, or propose arrangements for the civil servant after the transfer;

c) The receiving agency shall strictly comply with the transfer decision of the competent authority; arrange work and create a favorable environment and conditions for the transferred civil servant to make full use of his/her capacity and strengths; manage and assess the transferred civil servant during the transfer period; cooperate with relevant agencies in proposing arrangements and utilization of the civil servant after the transfer;

d) The transferred civil servants shall strictly comply with the regulations, rules, and assignments of the competent authority, the sending agency, and the receiving authority; cultivate, train, make use of his/her capacity and strengths, and strive to complete assigned tasks successfully; be subject to inspection and supervision, and submit periodic or irregular reports as required by the managing agency; maintain contact with the sending agency;

dd) The advisory agency or department for personnel and organization of the agency, organization, or unit shall take charge and cooperate with relevant agencies in providing consultancy and developing transfer plans; assess, evaluate, and propose arrangements for the civil servant before and after the transfer; provide consultancy on the preliminary and final reviews of the transfer;

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Article 45. Transfer plans

1. Based on the planning, task requirements, and capacity and strengths of the civil servants, the competent authority shall develop a plan to transfer civil servants in leadership or management positions under its management or submit it to the authority competent to decide the transfer for approval. The transfer plan includes:

a) Number, needs, positions, and titles subject to the transfer;

b) Form of transfer;

c) Transfer location;

d) Transfer period;

dd) Necessary regulations and policies to ensure implementation;

e) Expected scheme to arrange civil servants after the transfer;

g) Start time for implementing the transfer plan.

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Article 46. Transfer procedures

1. Step 1: Propose guidelines:

Based on the need to transfer civil servants in leadership or management positions as determined by the competent authority, the advisory agency or department for personnel and organization shall review and assess the leadership and management personnel of the agency or organization, and develop and submit a transfer plan to the competent authority for assessment and guidelines.

2. Step 2. Propose personnel to be transferred:

Based on the guidelines of the competent authority, the advisory agency for personnel and organization shall notify relevant administrative divisions, agencies, and organizations to recommend personnel for transfer.

3. Step 3: Prepare personnel for transfer:

a) The advisory agency or department for personnel and organization shall consolidate proposals of administrative divisions, agencies, organizations, and units; review the standards, criteria, expected location, titles, and personnel to be transferred;

b) The advisory agency or department for personnel and organization or the competent authority shall send written requests for assessments and evaluations on the personnel to be transferred to the local committee and the agency, organization, or unit employing the civil servants regarding their ethical qualities, lifestyle, working capacity, reputation, work history, strengths, and shortcomings; make conclusions on political standards in compliance with the regulations of the CPV and submit reports to the competent authority for consideration and decision on cadre transfer.

4. Step 4: Discuss with relevant agencies and the civil servants to be transferred:

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b) A meeting with the civil servants to be transferred shall be held to disseminate the purposes and transfer requirements, understand their thoughts and aspirations, and determine their responsibilities.

5. Step 5: Implement the transfer;

a) The advisory agency or department for personnel and organization shall request the competent authority to consider deciding the transfer;

b) The competent authority shall lead and direct the implementation of the transfer decision;

c) The competent authority shall cooperate with relevant agencies in inspecting, supervising, handling violations, managing, assessing, and evaluating the transferred civil servants during the transfer period;

d) The sending agency shall cooperate with relevant agencies in assigning, arranging, and implementing policies for the civil servants after the transfer, and request the competent authority to consider issuing decisions.

Article 47. Dossiers on transferred civil servants

Dossiers on transferred civil servants shall comply with the regulations applicable to appointment dossiers as prescribed in Article 35 of this Decree.

Article 48. Transfer period

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Article 49. Assessment and evaluation of transferred civil servants

1. The local committee, CPV organization, leadership collective, and head of the receiving agency shall conduct annual assessments and evaluations or as requested by the competent authority for the transferred civil servants, submit reports to the competent authority as prescribed by regulations, and at the same time, send such reports to the sending agency and the advisory agency for personnel and organization for cooperation and monitoring in compliance with regulations.

2. Upon completion of the transfer period or when proposing an arrangement of another position:

a) The transferred civil servant shall conduct a self-assessment of his/her work process during the transfer period.

b) The leadership collective and the local committee of the receiving agency shall assess and evaluate the transferred civil servant during his/her work at the administrative division, agency, organization, or unit;

c) The authority competent to decide the transfer shall conduct assessments and evaluations.

3. The local committee, CPV organization, and leadership collective of the agency, organization, or unit shall assume responsibility before the competent authority for their assessments, evaluations, and conclusions on the transferred civil servant.

Article 50. Arrangement of civil servants after transfer

1. The consideration of assessment and arrangement of civil servants after the transfer shall be based on the requirements for personnel work, task requirements, actual situations, work results, capacity, and strengths of the transferred civil servants, in association with the implementation of political tasks of the administrative division, agency, organization, or unit and the results of the assessment and evaluation of the competent authority.

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Article 51. Benefits and policies for transferred civil servants

1. Where the position-based allowances of the new position are lower than the position-based allowances received before the transfer, the transferred civil servant shall have his/her current position-based allowances retained during the transfer period.

2. Any transferred civil servant working in mountainous areas, border areas, islands, remote areas, areas of ethnic groups, and areas with extremely disadvantaged socio-economic conditions shall be entitled to preferential benefits and policies as prescribed by the law.

3. Transferred civil servants shall be entitled to policies on the arrangement of official housing, travel support, living expenses, and other policies (if any).

4. Transferred civil servants with particularly outstanding achievements (with initiatives or specific work products recognized by the competent authority) shall be considered for early salary increases as prescribed by the law and given priority when being considered for work arrangement after the transfer.

Section 6. RESIGNATION AND DISMISSAL OF CIVIL SERVANTS IN LEADERSHIP OR MANAGEMENT POSITIONS AND SUSPENSION OF CIVIL SERVANTS

Article 52. Resignation of civil servants in leadership or management positions

1. Consideration of resignation for a civil servant in a leadership or management position shall be carried out in the following cases:

a) The civil servant voluntarily resigns from his/her position;

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c) The civil servant lets the agency, organization, or unit under his/her management or supervision commit serious violations;

d) The civil servant receives more than 50% but not more than two-thirds of low confidence votes at the vote of confidence session as prescribed by the competent authority;

dd) Other legitimate reasons.

2. Resignation shall not be considered for a civil servant in a leadership or management position falling into one of the following cases:

a) The civil servant is currently in charge of tasks of national defense and security, crucial and classified tasks, or prevention/preparation and control/management of natural disasters and epidemics, where the resignation will seriously affect the common benefits of the CPV and the State;

b) The civil servant is under inspection, prosecution, investigation, indictment, or trial.

3. Resignation procedures:

a) A civil servant in a leadership or management position submits a resignation letter;

b) No later than 10 working days from the date of receiving the resignation letter, the advisory agency or department for personnel and organization, or the head of the agency, organization, or unit where the civil servant is working, shall discuss with the civil servant and submit a report to the appointing authority for consideration and decision;

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4. Where a civil servant does not submit a resignation letter, but he/she falls into one of the cases prescribed in Point b, Point c, or Point d Clause 1 of this Article, the competent authority shall consider arranging another suitable position for such civil servant.

5. Where a civil servant has a resignation letter that has yet to be approved by the head of the agency, organization, or unit where he/she works or by the competent authority, he/she shall continue to implement the assigned responsibilities, tasks, and entitlements.

6. Resignation consideration dossier:

a) Resignation letter;

b) Statement of the advisory agency or department for personnel and organization;

c) Other relevant documents.

7. Where a resigned civil servant, who previously held a leadership or management position, wishes to continue working, the competent authority shall, based on the civil servant’s capacity, ethics, and experience, consider arranging a position in conformity with the task requirements of the agency, organization, or unit and submit a report to a relevant competent authority for consideration and decision.

Article 53. Dismissal of civil servants in leadership or management positions

1. Consideration of dismissal for a civil servant in a leadership or management position shall be carried out in the following cases:

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b) The civil servant receives more than two-thirds of low confidence votes at the vote of confidence session as prescribed by the competent authority;

c) The civil servant is classified as failing to complete assigned tasks;

The competent authority concludes that the civil servant has shown signs of ideological, ethical, or lifestyle degradation; engaged in “self-evolution” or “self-transformation”; violated prohibitions applicable to CPV members; failed to fulfill the responsibility of setting an example, negatively affecting the reputation of himself/herself and his/her agency, organization, or unit.

dd) The civil servant is concluded by the competent authority to have violated the political standards as prescribed by regulations on the protection of the CPV’s internal politics, to the extent that dismissal is required;

e) The civil servant, who is also the head, lets the agency, organization, or unit under his/her management and supervision commit very serious corruption or negative acts;

g) Other cases as prescribed by the law.

2. Dismissal procedures:

a) When there are sufficient grounds for dismissal of the civil servant in the leadership or management position as prescribed in Clause 1of this Article, within 10 working days, the advisory agency or department for personnel and organization shall discuss with the civil servant and request the competent authority to consider issuing a decision;

c) No longer than 10 working days from the date of receiving the proposal, the competent authority shall consider issuing a decision on the dismissal. In necessary cases, due to objective reasons, this period may be extended, but no more than 15 working days.

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3. After the civil servant in the leadership or management position is dismissed, the competent authority shall consider arranging another position in conformity with the task requirements of the agency or unit; the civil servant shall comply with the assignment decision of the competent authority. Where the dismissal of the civil servant in the leadership or management position is due to being classified as failing to complete tasks, the competent authority shall terminate his/her employment as prescribed by the law.

Article 54. Resignation or dismissal consideration dossiers

1. Statement of the advisory agency for personnel and organization.

2. Relevant documents, such as the decision, written conclusion, opinion of the competent authority, and application of the civil servant.

3. Conference minutes and vote-counting minutes.

Article 55. Benefits and policies for civil servants in leadership or management positions who resign or are dismissed

1. Where a resigned civil servant, who previously held a leadership or management position, wishes to continue working, the competent authority shall consider arranging another position suitable for the civil servant’s capacity, strengths, qualifications, expertise, and training. The work arrangement for a civil servant who resigns after being disciplined shall comply with the regulations of the competent authority.

2. Where a resigned civil servant, who previously held a leadership or management position, continues working, he/she shall:

a) Be entitled to retention of the current leadership allowances until the end of his/her term of office for cases of resignation under Point a, Point b, or Point dd Clause 1 Article 52 of this Decree;

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3. A dismissed civil servant in a leadership or management position shall not be entitled to position-based allowances from the date of the dismissal decision. Where the dismissed civil servant wishes to continue working, the competent authority shall consider arranging another professional position (neither leadership nor management) and assigning the civil servant to the appropriate pay grades for civil servants in conformity with the job position.

4. After resignation or dismissal, if the civil servant voluntarily applies for retirement or resignation, the matter shall be handled in compliance with current regulations.

Article 56. Suspension of civil servants

1. A civil servant may be suspended in the following cases:

a) Committing violations concerning ethical qualities or lifestyle that cause negative impacts, public outrage, and negatively affect the reputation of specific organizations or individuals;

b) Engaging in harassment, corruption, or causing difficulties for citizens, enterprises, agencies, or organizations during the implementation of official duties;

c) Deliberately delaying, evading responsibility, or failing to implement work under his/her jurisdiction based on the assigned tasks and functions;

d) Being considered for disciplinary actions but intentionally failing to comply with the competent authority’s requirements during the review or handling of his/her violations or abusing his/her positions, entitlements, or influence to obstruct the review and handling; or if continuing to work may hinder the review or disciplinary action;

Having been subject to CPV disciplinary actions and awaiting review and handling of his/her position of authority, where continuing to work will negatively affect the operations of the agencies, organizations, or units;

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g) Other cases as prescribed by the law or proposed by competent agencies.

2. Authority to decide suspension:

a) For a civil servant in a leadership or management position, the head of the appointing and managing authority shall act in compliance with the regulations of the competent authority;

b) For a civil servant not in a leadership or management position, the head of the agency, organization, or unit employing the civil servant shall decide.

3. The suspension period shall not exceed 15 working days; in complicated cases, the period may be extended, but not beyond 15 working days. For cases prescribed in Point e Clause 1 of this Article, the suspension period shall comply with the proposal of the competent authority.

A suspension decision shall automatically cease to have effect upon the expiry of the suspension period.

4. Suspension procedures:

a) No later than 2 working days from the date of determining grounds for the suspension, the advisory agency or department for personnel and organization shall submit a report and request the head to issue a suspension decision;

b) No later than 2 working days from the date of receiving the proposal of the advisory agency or department for personnel and organization, the head shall issue the suspension decision;

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d) The suspension decision and the decision to terminate the suspension decision (if any) must be announced in the agency, organization, or unit employing the civil servant and sent to relevant agencies, organizations, and individuals.

5. Regulations concerning suspended civil servants:

a) Suspended civil servants shall implement specific rights and responsibilities as prescribed by regulations of the competent authority;

b) The suspension decision is the ground for classifying the civil servant as failing to complete tasks for that working year.

6. Benefits and policies for suspended civil servants:

a) During the suspension period, if not yet disciplined, the civil servant shall receive 50% of his/her current monthly salary, including the salary based on the pay grades, seniority allowances beyond the salary cap, professional seniority allowances, and retained salary difference coefficients (if any);

b) Civil servants in leadership or management positions subject to suspension shall be suspended from their positions and shall not receive leadership allowances;

c) Civil servants appointed to term-based work at overseas Vietnamese representative missions who are suspended shall receive 50% of their current living allowances;

d) Civil servants not disciplined or concluded as wrongfully accused shall be paid the remaining 50% of their monthly salaries as prescribed in Point of this Clause;

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Chapter IV

DISMISSAL/RESIGNATION AND RETIREMENT OF CIVIL SERVANTS

Section 1. DISMISSAL/RESIGNATION OF CIVIL SERVANTS

Article 57. Authority and procedures for handling dismissal/resignation

1. The head of the agency managing civil servants or the agency employing civil servants that has been delegated recruitment authority as prescribed in Article 7 of this Decree shall decide the dismissal/resignation or authorize the decision on dismissal/resignation for civil servants.

2. Procedures for handling the resignation of a civil servant who voluntarily applies for resignation:

a) The civil servant who voluntarily applies for resignation shall submit an application to the managing agency or the agency delegated or authorized to handle resignation;

b) No later than 30 days from the date of receiving the civil servant’s application, if agreeing to the resignation, the head of the managing agency or the delegated/authorized agency shall issue a resignation decision for the civil servants; if not agreeing, reply and explain in writing as prescribed in Point c of this Clause;

c) Reasons for not processing a resignation application from a civil servant:

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The civil servant has yet to complete the required service period as committed to the recruiting agency or organization;

The civil servant has yet to complete the settlement of money and assets under his/her responsibility or the agency or organization;

Due to the work requirements of the agency or organization, or because a replacement has not yet been arranged;

Other reasons as prescribed by the law and regulations of the competent authority.

3. Procedures for handling the dismissal of a civil servant:

Within 30 days from the date of obtaining the monitoring, assessment, and classification results of the civil servant, the head of the managing agency or the delegated/authorized agency shall issue a dismissal decision for any civil servant who fails to fulfill his/her tasks or fails to meet the task requirements. Before being dismissed, the civil servant shall complete the settlement of money or assets under his/her responsibility for the agency or organization (if any). Where the civil servant deliberately fails to complete the settlement, the competent authority shall still issue a dismissal decision, and the handling of the outstanding amounts shall comply with the law.

Article 58. Benefits and policies for civil servants who voluntarily apply for resignation or are dismissed

1. A civil servant who voluntarily applies for resignation shall be entitled to severance allowances as follows:

a) An allowance equal to 3 months of his/her current salary;

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c) Retention of the period of compulsory social insurance contributions or a lump-sum social insurance payment as prescribed by the law on social insurance.

2. The current salary refers to the monthly salary in the month immediately preceding the date of resignation, including salary based on the pay grade, position-based allowances, seniority allowances beyond the salary cap, professional seniority allowances, and retained salary difference coefficients (if any) as prescribed by the law on salaries.

3. For cases where the total working period before resignation is from 6 months to less than 12 months, the allowance shall be equal to 1 month of the current salary.

4. A civil servant who has received a retirement notice or falls under the cases of payroll downsizing or dismissal as prescribed by the law shall not be eligible for the severance allowances prescribed in Clause 1 of this Article.

Article 59. Working period counted for severance allowances

1. The working period counted for severance allowances is the total number of years of service with compulsory social insurance contributions (if service is discontinuous, periods may be aggregated) for which the civil servant has yet to receive allowances or demobilization allowances, including:

a) Working period in agencies, organizations, or units of the Communist Party of Vietnam, the State, the Vietnamese Fatherland Front, and socio-political organizations;

b) Working period in the People’s Army or the People’s Public Security Force;

c) Working period in associations assigned by the CPV or the State to implement tasks under the staff position targets assigned by competent authorities;

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dd) Period of paid leave as prescribed by labor laws;

e) Period of leave for sickness, maternity, occupational accidents, occupational diseases, or convalescence and health rehabilitation as prescribed by the law on social insurance;

g) Period of being subject to disciplinary action or criminal prosecution but later determined by competent agencies or organizations to have been wrongfully accused;

h) Suspension period as prescribed by competent authorities.

2. For the working periods specified in Clause 1 of this Article, any odd month shall be counted as follows:

a) Less than 3 months shall not be counted;

b) From full 3 months to full 6 months shall be counted as 1/2 year of service;

c) From over 6 months to 12 months shall be counted as 1 year of service.

Article 60. Funding sources for severance allowances

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Section 2. RETIREMENT OF CIVIL SERVANTS

Article 61. Authority and retirement date

1. The person competent to handle resignation/dismissal as prescribed in Article 57 of this Decree shall have the authority to approve retirement.

2. The retirement date of a civil servant shall comply with the labor law and the social insurance law unless otherwise prescribed by competent authorities.

3. The retirement date may be postponed in one of the following cases:

a) For no more than 1 month in cases where the retirement date coincides with the Lunar New Year holiday; where the civil servant’s spouse, parent (or spouse’s parent), or child has passed away or has been declared missing by the court; or where the civil servant and his/her family suffer from damage caused by natural disasters, enemy-inflicted destruction, or fire;

b) For no more than 3 months in cases where the civil servant suffers from a serious illness or accident, with hospital certification;

c) For no more than 6 months in cases where the civil servant is under treatment for a disease included in the list of long-term treatment diseases promulgated by the Ministry of Health of Vietnam, with hospital certification.

4. If a civil servant falls under multiple cases specified in Clause 3 of this Article, the postponement shall be applied according to the case with the longest permissible postponement period.

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6. The extension of the working period for civil servants with high professional qualifications and extensive practical experience who have reached the statutory retirement age shall comply with relevant laws.

Article 62. Retirement notice

6 months before the retirement date as prescribed in Article 61 of this Decree, the person competent to approve retirement shall issue a written notice of the retirement date to the civil servant, following Form No. 02 enclosed with this Decree.

Article 63. Retirement decision

1. 3 months before the retirement date as prescribed in Article 61 of this Decree, the person competent to approve retirement shall issue a retirement decision, following Form No. 3 enclosed with this Decree.

2. Based on the retirement decision prescribed in Clause 1 of this Article, the managing agency or agency delegated or authorized to manage civil servants shall cooperate with the social insurance organization in implementing relevant procedures for the civil servant to be entitled to social insurance benefits before retirement.

3. Any civil servant eligible for retirement shall hand over documents and ongoing work to the assigned successor before the retirement date specified in the retirement decision.

4. From the retirement date specified in the retirement decision, the civil servant shall officially retire and receive social insurance benefits as prescribed by regulations.

Chapter V

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Article 64. Contents of civil servant management

1. Promulgation, submission of requests to competent authorities for promulgation, and implementation of legislative documents on civil servants.

2. Stipulation of civil servant positions and titles; development and management of job positions and the proportion of civil servants to be arranged by each job position of agencies employing civil servants.

3. Management and use of staff positions of cadres and civil servants.

4. Recruitment, planning, appointment, reappointment, mobilization, transfer, secondment, suspension, dismissal, resignation, and disciplinary action.

5. Use, assignment, arrangement, inspection, assessment, and suspension; training, advanced training, emulation, and commendation; implementation benefits concerning salaries, dismissal, retirement, and other benefits and policies.

6. Inspection of official duties and settlement of complaints and denunciations as prescribed by the law.

7. Implementation of other management contents in the personnel work within jurisdiction.

8. Application of science, technology, and digital transformation to civil servant management; development, management, and utilization of the national database on cadres and civil servants.

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Article 65. Tasks and entitlements of Ministry of Home Affairs of Vietnam

The Ministry of Home Affairs of Vietnam shall assume responsibility before the Government of Vietnam for the implementation of the state management of cadres with the following tasks and entitlements:

1. Develop bills, ordinances, and resolutions on civil servants for the Government of Vietnam to present them to the National Assembly of Vietnam and the Standing Committee of the National Assembly of Vietnam.

2. Develop and present the following documents to the Government of Vietnam and the Prime Minister of Vietnam for promulgation: legislative documents, themes, schemes, strategies, plans, planning, programs, and other documents on civil servants; delegate and authorize specific authority of the Government of Vietnam.

3. Instruct and inspect the development, promulgation, and implementation of schemes for job positions of civil servants; promulgate, instruct, and inspect the implementation of regulations on civil servant entrance exams, civil servant selection, arrangement of job positions for civil servants, internal regulations on civil servant entrance exam and civil servant selection, and programs on training and advanced training for civil servants in leadership/management positions and professional civil servants.

4. Stipulate the dossier preparation and management of dossiers and civil servant cards.

5. Instruct and collect national statistics on civil servants; develop and manage national data on civil servants.

6. Instruct and implement reporting regulations on civil servant management.

7. Inspect and supervise the implementation of civil servant laws.

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Article 66. Tasks and entitlements of Ministries, ministerial agencies, and other agencies managing civil servants

1. Implement the civil servant management contents specified in Clauses 3, 4, 5, 7, and 9 Article 64 of this Decree, excluding cases of delegation or authorization in Clause 2 of this Article and contents under the jurisdiction of agencies employing civil servants as prescribed by the Law on Cadres and Civil Servants 2025.

2. Delegate or authorize agencies employing civil servants under their management to implement the contents specified in Clauses 4 and 5 Article 64 of this Decree, excluding contents under the jurisdiction of agencies employing civil servants as prescribed by the Law on Cadres and Civil Servants 2025.

3. Develop and manage job positions; issue decisions on the list and number of job positions; manage job positions as prescribed by regulations of the CPV and the law.

4. Manage advanced training programs as required by the job positions under their management.

5. Collect statistics and prepare statistical reports on civil servants as prescribed by regulations.

6. Instruct and inspect the implementation of laws applicable to civil servants under their management.

7. Settle complaints and denunciations according to the delegation and the law on denunciations and complaints.

Article 67. Tasks and entitlements of People’s Committees of provinces and cities and their Presidents

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a) Implement the civil servant management contents specified in Clauses 1, 3, 4, 7, and 9 Article 64 of this Decree, excluding cases of delegation or authorization in Clause 2 of this Article or contents under the jurisdiction of agencies employing civil servants as prescribed by the Law on Cadres and Civil Servants 2025;

b) Delegate or authorize the Presidents of provincial People’s Committees, specialized agencies, other administrative agencies under provincial People’s Committees, or equivalent agencies at the department level, and commune-level People’s Committees/Presidents of commune-level People’s Committees to implement the contents specified in Clause 4 Article 64 of this Decree;

c) Develop job position schemes; issue decisions on the list and number of job positions; manage job positions as prescribed by regulations of the CPV and the law.

d) Collect statistics and prepare statistical reports on civil servants as prescribed by regulations;

dd) Instruct and inspect the implementation of laws applicable to civil servants under their management;

e) Settle complaints and denunciations according to the delegation and the law on denunciations and complaints.

2. Tasks of Presidents of provincial People’s Committees:

a) Implement the tasks prescribed in Clause 1 Article 64 of this Decree and under the delegation or authorization of the provincial People’s Committees;

b) Implement or delegate the implementation of the tasks prescribed in Clause 5 Article 64 of this Decree for civil servants under their delegated managing jurisdiction;

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Article 68. Responsibilities and authority of agencies employing civil servants

1. Implement the benefits and policies of the State for civil servants.

2. Implement tasks as delegated or authorized.

3. Implement the tasks prescribed in Clause 5 Article 64 of this Decree as prescribed by the Law on Cadres and Civil Servants 2025 and under delegation/authorization or regulations of competent authorities.

4. Propose to competent authorities on the recruitment, planning, appointment, reappointment, resignation, dismissal, mobilization, transfer, secondment, training, advanced training, and other contents related to civil servants under their employing jurisdiction as prescribed by regulations.

5. Prepare dossiers and store civil servants’ personal dossiers under their management as prescribed by regulations.

6. Collect statistics and submit reports to the civil servant management agencies on the situation of civil servants under their management as prescribed by regulations.

7. Settle denunciations and complaints as prescribed by regulations.

Chapter VI

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Article 69. Application of Decree to other subjects

Persons working in association with tasks assigned by the CPV and the State, who are within working age and under the staff position targets assigned to the associations by competent authorities, shall be entitled to the benefits and policies prescribed in this Decree.

Article 70. Transitional provisions

1. Where round 1 of the recruitment procedures has been completed before the effective date of this Decree, the recruitment shall continue in compliance with the current law within 3 months from the effective date of this Decree; if the recruitment procedures are not completed within such 3 months, the recruitment shall be cancelled.

2. No later than July 1, 2027, Ministries, central authorities, and local authorities shall complete the arrangement of job positions and assignment of pay grades corresponding to job positions for civil servants recruited before the effective date of the Law on Cadres and Civil Servants 2025 under their management. During this period, civil servants assigned to leadership or management positions shall be assigned to the corresponding pay grades without the requirement for having certificates of advanced training in knowledge and skills in state management, specifically as follows:

a) Assignment to senior specialist pay grades and equivalents for cases appointed to positions/titles such as Director and equivalent or higher under Ministries, ministerial agencies, governmental agencies, and organizations established by the Government of Vietnam or Prime Minister of Vietnam that are not public service providers (applicable to those identified as civil servants and agencies/organizations with assigned management authority); Director of Department and equivalent or higher under the provincial People’s Committees;

b) Assignment to principal specialist pay grades and equivalents for cases appointed to positions/titles such as Deputy Director and equivalent or higher under Ministries, ministerial agencies, governmental agencies, and organizations established by the Government of Vietnam or Prime Minister of Vietnam that are not public service providers (applicable to those identified as civil servants and agencies/organizations with assigned management authority); Deputy Director of Department and equivalent or higher under the commune-level People’s Committees;

c) The assignment of pay grades for civil servants by positions and titles prescribed in Points a and b of this Clause shall not apply to persons assigned to be in charge of agencies, organizations, or units;

d) Agencies employing civil servants shall submit reports to civil servant management authorities for consideration and decision on the assignment of civil servant pay grades corresponding to the positions and titles under their jurisdiction, ensuring compliance with the prescribed standards, conditions, authority, and procedures;

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3. Where competent authorities promulgate documents on personnel work that contain pilot regulations or content different from current laws, the new regulations of competent authorities shall prevail.

4. From July 1, 2025, persons undergoing probation under the Law on Cadres and Civil Servants No. 22/2008/QH12, amended by Law No. 52/2019/QH14, shall be assigned to civil servant pay grades corresponding to the recruited job positions.

The assessment and evaluation of the probationary periods that take place before July 1, 2025 shall comply with Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government of Vietnam, amended by Decree No. 116/2024/ND-CP dated September 19, 2024 of the Government of Vietnam. Where competent authorities’ assessments and evaluations conclude that the probationers are not satisfactory (applicable only to those with a probationary period of 6 months or more as of June 30, 2025), recruitment decisions shall be cancelled as prescribed by regulations.

Article 71. Entry into force

1. This Decree comes into force as of July 1, 2025.

2. The following legislative documents shall cease to have effect from the effective date of this Decree:

a) Decree No. 06/2010/ND-CP dated January 25, 2010 of the Government of Vietnam;

b) Decree No. 46/2010/ND-CP dated April 27, 2010 of the Government of Vietnam;

c) Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government of Vietnam;

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dd) Decree No. 116/2024/ND-CP dated September 17, 2024 of the Government of Vietnam.

3. Regulations related to commune-level civil servants in Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government of Vietnam shall be annulled.

Article 72. Implementation responsibilities

1. Ministers, Directors of ministerial agencies, heads of organizations established by the Government of Vietnam and Prime Minister of Vietnam that are not public service providers, and Presidents of People’s Committees of provinces and cities shall direct heads of agencies and organizations under their management to, when recruiting, employing, and managing civil servants, comply with this Decree and other relevant regulations; complete the arrangement of job positions and assignment of pay grades corresponding to the job positions of civil servants recruited before the effective date of the Law on Cadres and Civil servants 2025 by July 1, 2027.

2. Commune-level People’s Committees shall conduct the arrangement of job positions and assignment of corresponding pay grades for commune-level civil servants recruited before the effective date of the Law on Cadres and Civil Servants 2025 if they fully meet the standards and conditions for training qualifications of the job positions.

3. Where agencies, organizations, or individuals commit violations in the recruitment, employment, and management of civil servants, depending on the nature and severity of the violations, competent authorities shall consider handling the violations in compliance with the regulations of the CPV and the law.

Article 73. Implementation responsibilities

Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and cities, and relevant agencies, organizations, and individuals shall implement this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh