Guidance on Handling Cases of Recruitment of Vietnamese Official and Public Employees Not Meeting Standards and Conditions

Guidance on handling violations in the recruitment of officials and public employees - Illustrative photo

The Ministry of Home Affairs provides guidance on handling specific cases of violations in the recruitment of officials and public employees as follows:

Content of handling violations in the recruitment of officials and public employees

- For cases of recruitment of officials and public employees not meeting standards, conditions, processes, procedures before December 28, 2017:

+ For cases where by March 24, 2020, full standards and conditions have been met and the head of the agency, organization, or unit using the officials and public employees has commented, evaluated, and recognized the satisfactory completion of duties, with good qualities, ethics, and reputation, and complying with the regulations of the Communist Party and State laws, as well as internal rules and regulations of the agency or organization, the recruitment decision will not be revoked.

+ For cases where by March 24, 2020, full standards and conditions have not been met, they must be completed by December 31, 2020, at the latest. If not completed by this deadline, the recruitment decision will be revoked.

+ For cases meeting the recruitment standards and conditions that require examination but have not yet taken the examination, the recruitment process must be re-implemented according to current legal regulations or the law at the time of recruitment. If they pass the examination, they will retain the related decisions on personnel work after being recruited previously; if they do not pass, the recruitment decision will be revoked.

+ For cases where the head of the agency, organization, or unit using the officials and public employees evaluates them as not fulfilling the assigned responsibilities, having low qualities, ethics, or reputation, or violating regulations of the Communist Party, State laws, or internal rules and regulations of the agency, organization, or unit during duty performance, the recruitment decision will be revoked.

- For cases of recruitment of officials and public employees after December 28, 2017, not meeting standards, conditions, processes, or procedures, the head of the agency, organization, or unit using the officials and public employees will make a written request to the competent authority managing officials and public employees to revoke the recruitment decision and related decisions on personnel work after recruitment for those officials and public employees.

- For cases of recruitment and placement into job positions without corresponding grading of officials and public employees required by the job positions before December 28, 2017, and evaluated by the head of the using agency, organization, or unit as completing the assigned responsibilities well, with good qualities, ethics, and reputation, complying with the regulations of the Communist Party and State laws, but not having enough time from now until the end of 2020 to remediate due to objective reasons, they are allowed to take the promotion examination to fulfill the grading standards required by the job position. If they do not pass, the managing authority of officials will rearrange the job position according to the current grade held by the official.

- In cases of handling violations in recruitment related to personnel work according to Conclusion 48-KL/TW, the managing agency of officials and public employees will report to the competent authority according to the management hierarchy for unified implementation.

Dossier for considering remediation of violations in the recruitment of officials and public employees

- Diplomas, certificates, and related documents of officials and public employees showing that they have met the recruitment standards and conditions according to current legal regulations.

- Evaluations, comments from the head of the agency, organization, or unit using the officials and public employees regarding their fulfillment of responsibilities, ethical qualities, and reputation over the past 5 years. If the recruited person has transferred work through multiple agencies or units, the current agency, organization, or unit using the officials and public employees will communicate in writing with the previous working agencies or units for a basis of evaluation and comment.

Process and authority to decide remediation of violations in the recruitment of officials and public employees

- The head of the agency, organization, or unit using the officials and public employees will review the compliance with recruitment standards and conditions and evaluate and comment on the fulfillment of responsibilities, ethical qualities, and reputation of the officials and public employees, and report to the competent authority on personnel work for consideration and decision.

- The competent authority on personnel work will specifically review and conclude on each case of recruiting violations of officials and public employees (deciding whether to revoke or not revoke the recruitment decision of officials and public employees) according to the hierarchy; and at the same time, compile reports for the Ministry of Home Affairs and the Central Organization Department.

Handling responsibilities for collectives and individuals causing violations in the recruitment of officials and public employees

Levels of Party committees, Party organizations, agencies, units, collective leadership, and individuals causing violations in recruitment must conduct self-criticism, clarify responsibilities, and handle according to the regulations of the Communist Party and laws on disciplining violative Party members, officials, and public employees.

For details of other contents, see: Guidance 2965/HD-BNV effective from June 15, 2020.

Nguyen Trinh

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