In 2023, in what cases will commune-level civil servants in Vietnam be recruited without passing exam admission or non-exam admission?
What are the cases in which commune-level civil servants in Vietnam are recruited without passing exam admission or non-exam admission?
In Article 21 of Decree 112/2011/ND-CP of Vietnam as amended by Clause 12, Article 1 of Decree 34/2019/ND-CP of Vietnam stipulating special cases in the recruitment of civil servants in communes, wards and townships as follows:
Special cases in recruitment
1. Based on the conditions for registration for recruitment of commune-level civil servants prescribed in Article 6 of this Decree and job requirements, chairpersons of district-level People's Committees may be recruited without passing the exam admission or non-exam admission consideration for the following special cases:
a) Those who have graduated from university with excellent grades in the country or with good grades or higher in foreign countries, having professional qualifications suitable to the titles of civil servants to be recruited;
b) Persons with a university or higher degree with a training major suitable to the title of civil servant to be recruited, have paid compulsory social insurance premiums and have at least 5 years of working experience in the field to be recruited.
2. Commune-level civil servants who are elected to hold the position defined as commune-level cadres, when they resign from holding their positions (not within the time limit for being disciplined), shall be considered and accepted again by the Chairperson of the district-level People's Committee. In case the position and title of commune-level civil servant are no longer available, regimes and policies shall be settled in accordance with law.
3. In case a person recruited into a commune-level civil servant under the provisions of this Decree is assigned a title according to his/her training major or in accordance with his/her previous professional qualifications, the working period is compulsory social insurance before the date of being recruited and admitted to the civil service (if there is a working period with intermittent compulsory social insurance payment but have not yet received a lump-sum social insurance allowance, it will be accumulated ) is calculated to serve as a basis for salary ranking in accordance with the recruited civil servant title.
4. For the recruitment of commune-level civil servants, for the cases specified in Clause 1 of this Article, the district-level People's Committee chairpersons must establish an Examination and Testing council.
a) The Examination and Testing Council has 05 or 07 members, including: The Chairman of the Council is the President or Vice Chairperson of the district-level People's Committee; 01 member is the leader of the Internal Affairs Department, cum Secretary of the Council; 01 member is the President or Vice Chairman of the People's Committee of the commune where the civil servant is expected to be arranged after being received; The other members are representatives of a number of relevant professional departments.
b) Duties and powers of the Examination and Testing Council: To examine the conditions, standards, diplomas and certificates at the request of the civil servant title to be recruited; test on the general knowledge level and professional and professional capacity of the person proposed to be admitted. The form and content of the test shall be determined by the Examination Council, based on the requirements for the civil servant title to be recruited, and reported to the Chairperson of the district-level People's Committee for consideration and decision before conducting the test; The Examination and Testing Council works on the principle of collective action, voting by majority, and self-dissolution after completing its tasks.
Thus, there are two special cases where commune-level civil servants are recruited without passing exam admission or non-exam admission, including:
- Graduated from a university with good grades in the country or with good grades in foreign countries with appropriate professional qualifications.
- Having a university degree or higher with a training major suitable to the title of civil servant to be recruited.
In 2023, in what cases will commune-level civil servants in Vietnam be recruited without passing exam admission or non-exam admission? (Image from the Internet)
What are the titles of commune-level civil servants in Vietnam?
In Article 61 of the 2008 Law on Cadres and Civil servants of Vietnam, as amended by Clause 13, Article 1 of the 2019 Law amending and supplementing a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees, there are regulations on positions and titles of commune-level cadres and civil servants as follows:
Posts and titles of commune-level cadres and civil servants
1. Commune-level cadres and civil servants defined in Clause 3, Article 4 of this Law include commune-level cadres and commune-level civil servants.
2. Posts of commune-level cadres include:
a/ Party committee secretary and deputy secretary;
b/ People’s Council chairman and vice chairman;
c/ People’s Committee president and vice president;
d/ Vietnam Fatherland Front Committee president;
e/ Ho Chi Minh Communist Youth Union secretary;
f/ Vietnam Women’s Union president;
g/ Vietnam Peasants Association president (applicable to communes, wards and townships with agricultural, forestry, fishery and salt-making activities and Vietnam Peasants Association chapter);
b/ Vietnam Veterans’ Association president
3. Posts of commune-level civil servants include:
a/ Chief police officer (applicable to communes and townships that have not yet organized a formal police force according to the provisions of the Law on People's Public Security No. 37/2018/QH14);
b/ Military chief commander;
c/ Administrative-statistics clerk;
d/ Land-construction-urban area and environment officer (for wards and townships) or land-agriculture-construction and environment officer (for communes):
e/ Financial controller-accountant:
f/ Justice-civil status officer;
g/ Culture- social affairs officer.
Commune-level civil servants are managed by the district level.
4. Commune-level cadres and civil servants defined in Clauses 2 and 3 of this Article include also cadres and civil servants rotated, transferred or seconded to commune level.
5. On the basis of local socio-economic conditions, size and characteristics, the Government shall specify the numbers of commune-level cadres and civil servants.
According to the above regulations, commune-level civil servants will include the titles of Chief police officer, Military chief commander, Administrative-statistics clerk, Land-construction-urban area and environment officer (for wards and townships) or land-agriculture-construction and environment officer (for communes), Financial controller-accountant, Justice-civil status officer, Culture- social affairs officer.
What are the obligations and rights of commune-level cadres and civil servants in Vietnam?
In Article 62 of the 2008 Law on Cadres and Civil servants of Vietnam, the obligations and rights of commune-level cadres and civil servants are as follows:
Obligations and rights of commune-level cadres and civil servants
1. To perform obligations and exercise rights defined in this Law, other relevant laws and statutes of organizations of which they are members.
2. Incumbent commune-level cadres and civil servants are entitled to salary and insurance regimes; when ceasing to hold their posts, if meeting conditions and criteria as prescribed by law, they may be considered for being employed as civil servants, in this case, they are exempt from the probation regime and enjoy regimes and policies without interruption. If they are not employed as civil servants and not eligible for retirement, they may no longer receive salaries and shall pay voluntary insurance premiums under law; if they are transferred, rotated or seconded cadres or civil servants, competent agencies shall provide them with appropriate jobs or entitlements under law.
Thus, commune-level civil servants will have the obligations and rights as prescribed above.
Nguyễn Thị Hồng Nhung
