Can I take public employee exam to work as a school accountant when I have an accounting certificate in Vietnam?

Can I take public employee exam to work as a school accountant when I have an accounting certificate in Vietnam?

I study business administration and have a certificate in accounting. Excuse me, can I take the exam to be an accountant in school in Vietnam?

Reply:

According to Clause 1, Article 22 of the Law on Public Employees 2010 stipulates: A person who meets all the following conditions, regardless of nationality, gender, social status, belief and religion, may register for public employee recruitment:

a/ Bearing Vietnamese citizenship and residing in Vietnam:

b/ Reaching full 18 years of age. For a number of areas of cultural activity, arts. physical training and spoils, the age eligible for recruitment may be lower as provided by law with written consent of at-law representatives:

c/ Filing an application for recruitment:

d/ Having a clear personal background;

e/ Possessing diplomas, training certificates or practice certificates or aptitude and skills relevant to the working position for which he/she applies:

f/ Being physically fit for work or tasks;

g/ Meeting other conditions required by the working position for which he/she applies and determined by the public non-business unit, which must not be contrary to law.

In Article 5 of Decree 115/2020/ND-CP of the Government on recruitment, conditions for registration for public employee recruitment are as follows:

1. Conditions for registration for recruitment shall comply with the provisions of Article 22 of the Law on Public Employees . Agencies or units competent to recruit public employees specified in Clause 1, Article 24 of the Law on Public Employees may supplement with other conditions as required by the job positions specified at Point g, Clause 1, Article 22 of the Law on Public Employees, but must not be lower than common standards, must not be contrary to the provisions of the law, must not discriminate against the type of training.

2. Persons applying for job positions in public non-business units in the fields of culture, art, physical training and sports may be younger than 18 years old but must be full 15 years of age or older and be eligible for admission. written consent of the legal representative.

Thus, based on the above regulations in Vietnam, if the school where you plan to take the public employee exam has a need to use an accountant with a certificate, you are eligible to take the public employee exam. If the school requires people to have an accounting qualification except intermediate or higher, you will not be eligible to take the public officer recruitment exam.

What are conditions to register for the public employee exam according to current regulations in Vietnam? 

Conditions for registering for the public employee exam according to current regulations. I have a younger brother taking the public employee exam in the 2013-2014 school year, teaching secondary school informatics subjects, and apprenticed for 12 months at a secondary school. At the end of the year, considering the school's payroll, the school will take 2 hours of attendance at 12.5 and 12.0 for the weak. The principal of the school did not pass, so my brother did not get on the payroll for the 2014-2015 school year, after 2 school years 2014-2015 and 2016-2017. Now, I would like to ask you for advice, will my brother be able to retake the public employee exam next year? Please advise. Sincere thanks!

Reply:

Article 24 of Decree 115/2020/ND-CP stipulating appointment to professional titles of public employees for apprentices after the probationary period ends as follows:

1. At the end of the probationary period, the probationer must report the probation results in writing according to the contents specified in Clause 3, Article 21 of this Decree; Apprenticeship instructors are responsible for commenting and evaluating probation results for apprentices in writing. These documents are sent to the heads of public non-business units.

2. Within 05 working days from the date of receipt of the probationer's report and comments and assessments of the apprentice instructor, the head of the public non-business unit assessing the political and ethical qualities and the trainee's work results. In case the probationer meets the requirements, the head of the public non-business unit shall decide according to his/her competence or send a written request to the competent agency managing the public non-business unit to decide on the appointment of a professional title. and salary arrangement for the staff to be recruited.

Article 25 of Decree 115/2020/ND-CP stipulates termination of employment contracts for apprentices:

1. An apprentice shall have his/her working contract terminated and his/her recruitment decision annulled when he/she fails to meet the requirements after the probationary period or commits violations to the extent that disciplinary action must be considered in accordance with the law. 

2. The head of the public non-business unit terminates the working contract and reports to the agency or unit competent to recruit public employees to cancel the recruitment decision in the cases specified in Clause 1 of this Article. 

3. The probationer whose working contract is terminated shall be subsidized by the public non-business unit with 01 month's salary, current allowance and transportation to the place of residence.

According to the above regulations, if an employee fails to meet the requirements after the probationary period, the working contract will be terminated in Vietnam. However, your brother continues to work at the school.

Now, if you want to continue with the public employee exam, your brother must ensure the conditions for registration as prescribed in Article 22 of the Law on Public Employees 2010 as amended by Point a, Clause 12, Article 2 of the Law on Cadres and Civil Servants and the Law on Public Employees in 2019 as follows:

Article 22. Recruitment registration conditions

1 A person who meets all the following conditions, regardless of nationality, gender, social status, belief and religion, may register for public employee recruitment:

a/ Bearing Vietnamese citizenship and residing in Vietnam:

b/ Reaching full 18 years of age. For a number of areas of cultural activity, arts. physical training and spoils, the age eligible for recruitment may be lower as provided by law with written consent of at-law representatives:

c/ Filing an application for recruitment:

d/ Having a clear personal background;

e/ Possessing diplomas, training certificates or practice certificates or aptitude and skills relevant to the working position for which he/she applies:

f/ Being physically fit for work or tasks;

g/ Meeting other conditions required by the working position for which he/she applies and determined by the public non-business unit, which must not be contrary to law.

2. The following persons may not register for public employee recruitment:

a/ Having lost civil act capacity or having such capacity restricted;

b/ Being examined for penal liability; currently serving a criminal sentence or ruling of the court or serving the administrative measure of confinement to compulsory detoxification establishment, to a compulsory education institution, to a reformatory.

Thus, if your brother is now eligible to take the public employee exam according to the above regulations and the conditions required by the recruitment agency, he will be able to join the upcoming public employee exam in Vietnam.

Can drug users take public employee exam in Vietnam? 

Near my house, there is a person who used to use drugs, only the neighbors know, but recently this person has registered for the public employee exam. In the above case, can this person take the public employee exam to become a public employee?

Reply:

Pursuant to Clause 2, Article 22 of the Law on Public Employees 2010 as amended by Point a, Clause 12, Article 2 of the Law on Cadres and Civil Servants and the Law on Public Employees in 2019 stipulates that the following persons are not allowed to register for public service recruitment:

2. The following persons may not register for public employee recruitment:

a/ Having lost civil act capacity or having such capacity restricted;

b/ Being examined for penal liability; currently serving a criminal sentence or ruling of the court or serving the administrative measure of confinement to compulsory detoxification establishment, to a compulsory education institution, to a reformatory.

According to Article 24 of the 2015 Civil Code, persons with limited legal capacity are as follows:

1. A court shall, at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a person with limited legal capacity after excessive drug consumption or other psychotropic substances, worsening material situation of the family.

The court shall appoint a legal representative of the person with limited legal capacity and the representation scope.

2. All civil transactions related to the property of a person with limited legal capacity declared by a court must obtain the consent of his/her legal representative, except for transactions to meet the needs of daily life.

3. Where the basis on which a person has been declared limited capacity of exercise no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to revoke the decision declaring the incapacitated person.

Thus, according to the information you provided, this person used to use drugs, but was not declared by the court to have limited civil act capacity. Therefore, if this person meets all the conditions, he can still apply for public service in Vietnam.

Best Regards!