Official: Is there abolishment of the Circular guiding rank promotion consideration without examination for cadres, civil servants and public employees who have announced retirement from June 15, 2023 in Vietnam?

Official: Is there abolishment of the Circular guiding rank promotion consideration without examination for cadres, civil servants and public employees who have announced retirement from June 15, 2023 in Vietnam?

On May 3, 2023, the Minister of Home Affairs issued Circular 04/2023/TT-BNV abolishing all Circular 03/2008/TT-BNV guiding rank promotion consideration without examination for officials and public employees. Officials and public employees have announced their retirement.

In Article 1 of Circular 04/2023/TT-BNV, there are regulations on abolition as follows:

Abolish all legal documents

Circular No. 03/2008/TT-BNV dated June 3, 2008 of the Minister of Home Affairs on guiding the implementation of rank promotion consideration without passing exams for cadres, civil servants and public employees who have announced their retirement.

Thus, from June 15, 2023, the Circular guiding rank promotion consideration without examination for cadres, civil servants and public employees who have announced retirement will be abolished in Vietnam.

Official: Is there abolishment of the Circular guiding rank promotion consideration without examination for cadres, civil servants and public employees who have announced retirement from June 15, 2023 in Vietnam? (Image from the Internet)

In what cases can one be appointed to the civil servant rank in Vietnam?

In Article 42 of the Law on Cadres and Civil Servants 2008, supplemented by Clause 7, Article 1 of the Law on Cadres and Civil Servants and the amended Law on Civil Servants 2019, there are regulations on civil servant ranks as follows:

Civil servant ranks and rank appointment

1. Civil servant ranks include:

a/ Senior specialist and equivalent;

b/ Principal specialist and equivalent;

c/ Specialist and equivalent;

d/ Technician and equivalent;

dd/ Employee.

e) Other categories as prescribed by the Government.

2. Rank appointment must ensure the following conditions:

a/ Appointed persons meet all professional criteria of the rank;

b/ Rank appointment is decided by competent persons and ensure the civil servant structure of the agency, organization or unit.

3. Rank appointment shall be made in the following cases:

a/ The recruited person has completed the probation regime;

b/ The civil servant has passed a rank promotion examination;

c/ The civil servant is shifted to an equivalent rank.

Thus, cases of appointment to the civil servant rank in Vietnam include:

- The recruited person has completed the probationary period;

- Civil servants pass the rank promotion exam;

- Civil servants transfer to equivalent ranks.

To be considered for promotion to civil servant rank, what standards and conditions must civil servants meet in Vietnam?

In Article 45 of the Law on Cadres and Civil Servants 2008, amended by Clause 9, Article 1 of the Law on Cadres and Civil Servants and the amended Law on Civil Servants 2019, there are regulations on criteria and conditions for registration for rank promotion examinations as follows:

Criteria and conditions for registration for rank promotion examinations

1. Civil servants taking the rank promotion exam must meet the following standards and conditions:

a) Grade in quality at the level of completing tasks well or better in the working year immediately preceding the year of taking the promotion exam; have good political and moral qualities; Not within the disciplinary time limit, not during the implementation of regulations related to discipline specified in Article 82 of this Law;

b) Have the capacity, professional qualifications and skills to assume a job position corresponding to a civil servant rank higher than the civil servant rank currently held in the same professional field;

c) Meet the requirements for diplomas and certificates of the civil servant rank registering for the exam;

d) Meet the minimum working time requirements for each civil servant rank.

2. Civil servants who meet the standards and conditions specified in Points a, b and c, Clause 1 of this Article will be considered for civil servant rank promotion in the following cases:

a) Have excellent achievements in public service activities during the period of holding the current civil servant rank, recognized by competent authorities;

b) Appoint to hold a leadership or management position in accordance with the requirements of the job position.

3. The Government shall detail this Article.

Thus, to be considered for civil servant rank promotion, civil servants need to meet the following conditions in Vietnam:

- Grade in quality at the level of completing tasks well or better in the working year immediately preceding the year of taking the promotion exam;

- Have good political and moral qualities; not within the disciplinary period, not during the implementation of regulations related to discipline;

- Have the capacity, professional qualifications and skills to assume a job position corresponding to a civil servant rank higher than the civil servant rank currently held in the same professional field;

- Meet the requirements for diplomas and certificates of the civil servant class registering for the exam;

- Have excellent achievements in public service activities while holding the current civil servant rank, recognized by competent authorities;

- Appoint to hold leadership and management positions in accordance with the requirements of the job position.

Note: Circular 04/2023/TT-BNV takes effect from June 15, 2023 in Vietnam

Best regards!