Circular 02/2023/TT-BTP stipulates the positions of professional duties in the justice sector - how are they regulated?
Promulgation of Circular 02/2023/TT-BTP regulating job positions for professional civil servants in the justice sector
On June 26, 2023, the Ministry of Justice issued Circular 02/2023/TT-BTP to regulate the job positions for professional civil servants in the justice sector.
Circular 02/2023/TT-BTP regulates the list of job positions, job descriptions, and competency frameworks of the job positions for professional civil servants in the justice sector.
Circular 02/2023/TT-BTP applies to administrative agencies and organizations performing state management advisory functions in the justice sector from the central to local levels, including:
- Administrative agencies and organizations under the Ministry of Justice.- Department of Justice under the People's Committees of provinces and centrally-run cities.- Justice Division under the People’s Committees of districts, county-level towns, cities under provinces, and centrally-run cities.
How is Circular 02/2023/TT-BTP regulating job positions for professional civil servants in the justice sector?
How are civil servants classified?
Based on Article 34 Law on Cadres and Civil Servants 2008 amended by Clause 4 Article 1 Law Amending a number of Articles of the Law on Cadres and Civil Servants, 2019 regulating the classification of civil servants as follows:
Classification of civil servants
1. Based on the field of industry, profession, specialty, civil servants are classified according to the corresponding civil servant ranks as follows:
a) Category A includes those appointed to the rank of senior specialist or equivalent;
b) Category B includes those appointed to the rank of principal specialist or equivalent;
c) Category C includes those appointed to the rank of specialist or equivalent;
d) Category D includes those appointed to the rank of officer or equivalent and the rank of staff;
e) Category for the rank of civil servants stipulated at Point e, Clause 1, Article 42 of this Law according to the Government of Vietnam's regulations.
2. Based on the position of service, civil servants are classified as follows:
a) Civil servants holding leadership and management positions;
b) Civil servants not holding leadership and management positions.
Thus, the classification of civil servants will be based on two criteria as follows:
- First, based on the field of industry, profession, specialty, civil servants are classified according to the corresponding civil servant ranks as follows:
+ Category A includes those appointed to the rank of senior specialist or equivalent;
+ Category B includes those appointed to the rank of principal specialist or equivalent;
+ Category C includes those appointed to the rank of specialist or equivalent;
+ Category D includes those appointed to the rank of officer or equivalent and the rank of staff;
+ Category for the ranks of civil servants as stipulated in the regulations and appointments into civil servant ranks.
- Second, based on the position of service, civil servants are classified as follows:
+ Civil servants holding leadership and management positions;
+ Civil servants not holding leadership and management positions.
What are the principles for recruiting civil servants?
Based on Article 38 Law on Cadres and Civil Servants 2008 regulating the principles for recruiting civil servants as follows:
Principles for recruiting civil servants
1. Ensuring publicity, transparency, objectivity, and compliance with the law.
2. Ensuring competitiveness.
3. Selecting the right individuals who meet the requirements of the tasks and job positions.
4. Giving priority to individuals with talent, individuals who have rendered services to the country, and ethnic minority individuals.
Thus, the principles for recruiting civil servants are regulated as follows:
- Ensuring publicity, transparency, objectivity, and compliance with the law.
- Ensuring competitiveness.
- Selecting the right individuals who meet the requirements of the tasks and job positions.
- Giving priority to individuals with talent, individuals who have rendered services to the country, and ethnic minority individuals.
What are the training and retraining policies for civil servants?
Based on Article 47 Law on Cadres and Civil Servants 2008 regulating training and retraining policies for civil servants as follows:
Training and retraining policies for civil servants
1. The content, program, form, and duration of training and retraining for civil servants must be based on the standards of titles, leadership, and management positions, the standards of civil servant ranks, and must meet the requirements of the tasks.
2. Forms of training and retraining for civil servants include:
a) Retraining according to the standards of civil servant ranks;
b) Training and retraining according to leadership and management titles.
3. The content, program, and duration of training and retraining for civil servants are regulated by the Government of Vietnam.
Thus, training and retraining policies for civil servants are regulated as follows:
- The content, program, form, and duration of training and retraining for civil servants must be based on the standards of titles, leadership, and management positions, the standards of civil servant ranks, and must meet the requirements of the tasks.
- Forms of training and retraining for civil servants include:
+ Retraining according to the standards of civil servant ranks;
+ Training and retraining according to leadership and management titles.
- The content, program, and duration of training and retraining for civil servants are regulated by the Government of Vietnam.
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