Cases of Exceptional Recruitment for Public Employees

Upon reviewing the Law on Public Employees 2010, Mr. Minh believes that he is eligible for a special recruitment examination. However, according to the school, it only organizes recruitment exams and does not conduct any special recruitment. Mr. Minh wants to know if the unit where he works is acting correctly.

Lawyer Tran Van Toan, from Khanh Hung Law Office, Hanoi Bar Association, answers Mr. Minh's case as follows:

The authority to recruit public employees, decide the recruitment of public employees either by examination or by admission, is stipulated in Clauses 1 and 2, Article 5 of Decree 29/2012/ND-CP dated April 12, 2012, of the Government of Vietnam regarding recruitment, usage, and management of public employees, as follows:

- For public service providers granted full autonomy in performing tasks, finances, organizational structure, personnel, the head of the public service provider organizes the recruitment of public employees; decides the recruitment of public employees either by examination or by admission.

- For public service providers not granted full autonomy in performing tasks, finances, organizational structure, personnel, the competent agency or unit for appointing and dismissing the head of the public service provider organizes the implementation or decentralizes the implementation of recruitment of public employees for the public service provider under its management; decides or authorizes the decision of recruiting public employees either by examination or by admission.

Special Recruitment Examination

According to Clause 1, Article 14 of Decree 29/2012/ND-CP, guided by Clause 1, Article 7 of Circular 15/2012/TT-BNV, based on job requirements, the head of the competent agency or unit for recruiting public employees can perform a special recruitment examination, not following the recruitment procedures for public employees specified in Articles 15, 16, and 17 of Decree 29/2012/ND-CP for the following cases:

- Persons with work experience currently working in the sector or field of professional activities to be recruited; have a continuous working period of at least 36 months in a job or task requiring knowledge, ability, and professional and professional skills suitable for the job position to be recruited (excluding probation and internship periods); have not violated the law to the extent of being disciplined or prosecuted, and are evaluated as having completed their assigned tasks well; can immediately meet the requirements of the job position to be recruited.

- Graduates with excellent degrees, master's, doctorates, either in the country or abroad, with majors matching the requirements of the job position to be recruited; if the person has been working since graduation, they must work in the sector or field of professional activities to be recruited, have not violated the law to the extent of being disciplined or prosecuted, and are evaluated as having completed their assigned tasks well during this period.

- People with special talents, qualifications, training certificates, professional certificates, or talents and skills suitable for the job position to be recruited in public service providers in fields such as culture, arts, sports, traditional occupations.

Mr. Nguyen Van Minh's inquiry: According to the regulations in Article 23 of Law on Public Employees 2010, the recruitment of public employees is conducted either by examination or by admission. The competent authority for recruitment stipulated in Clauses 1 and 2, Article 5 of Decree No. 29/2012/ND-CP decides the recruitment of public employees either by examination or by admission.

The recruiter authority, based on the conditions for applying as stipulated in Article 22 of the Law on Public Employees (including additional conditions of the public service provider approved by the supervisory body); the requirements of the public service provider for the job position to be recruited, the personnel quota for the job position... to decide the form of recruitment: examination or admission, special admission.

In cases where the competent authority decides on special admission, the regulations on special admission in Clause 1, Article 14 of Decree No. 29/2012/ND-CP, and the guidance in Clause 1, Article 7 of Circular No. 15/2012/TT-BNV apply.

According to Clause 3, Article 8 of Circular No. 15/2012/TT-BNV, candidates for special admission are examined by the Special Admission Examination Council regarding their conditions, standards, degrees, certificates according to the professional title standards corresponding to the job position to be recruited and the specific requirements of the public service provider; examination through interviews or practice about general, professional, and professional skills of the candidate.

The form and content of the examination are determined by the Examination Council based on the requirements of the job position to be recruited, reporting to the head of the competent agency or unit for recruiting public employees for consideration and decision before organizing the examination.

Lawyer Tran Van Toan

Khanh Hung Law Office – Hanoi Bar Association

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