Is it possible to switch from public employee to civil servant without taking the exam in Vietnam? What do applications comprise in Vietnam?

Is it possible to switch from public employee to civil servant without taking the exam in Vietnam?

Pursuant to Clause 5, Article 1 of the Law on Civil Servants and the 2019 amended Law on Public Employees, it is stipulated as follows:

In addition to recruitment through examination and admission, the head of the civil servant management agency decides to accept people who meet the standards and conditions of the job position to become civil servants in the following cases: 

- Public employees working at public service units;

- Commune-level officials and civil servants;

- People receiving salaries in the people's armed forces, people working in cipher organizations but not civil servants;

- Receive and appoint civil servants to hold leadership and management positions for people who are Chairman of the Board of Members, Chairman of the Board of Directors, President of the company, Member of the Board of Members, Member Board of Directors, Controllers, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant and people holding other management positions and titles according to Government regulations in state-owned enterprises States and enterprises in which the State holds more than 50% of charter capital; The recipient must be scheduled for an appointed position or equivalent position;

- People who used to be cadres and civil servants and then were transferred or rotated by competent authorities to hold working positions other than cadres and civil servants at other agencies and organizations.

Pursuant to Clauses 1 and 2, Article 18 of Decree 138/2020/ND-CP regulations on admission as civil servants as follows:

- Recipients:

+ Public employees working at public service units;

+ Commune-level officials and civil servants;

+ People receiving salaries in the people's armed forces, people working in cipher organizations but not civil servants;

+ Chairman of the Board of Members, Chairman of the Board of Directors, President of the company, Member of the Board of Members, Member of the Board of Directors, Controller, General Director, Deputy General Director, Director, Deputy Directors, Chief Accountants and people holding management positions and titles at department level or higher in enterprises with 100% charter capital held by the State, enterprises with more than 50% charter capital held by the State or total number of shares with voting rights;

+ People who used to be cadres and civil servants at the district level or higher and then were transferred or rotated by competent authorities to hold working positions other than cadres and civil servants at other agencies and organizations.

- Standards and conditions for reception:

Based on the requirements of the job position to be recruited, the head of the civil servant management agency has the right to consider and accept as civil servants the cases specified in Clause 1 of this Article if the conditions are met for civil servant recruitment as prescribed in Clause 1, Article 36 of the Law on Cadres and Civil Servants, not within the time limit for disciplinary action, not within the time of implementing regulations related to discipline specified in Article 82 of the Law Cadres and civil servants are amended and supplemented in Clause 17, Article 1 of the Law amending and supplementing a number of articles of the Law on Cadres, Civil Servants and the Law on Public Employees and the following standards and conditions:

+ In the case specified in Points a, b and c, Clause 1 of this Article, there must be 05 years of working experience or more (excluding probationary period, if there is intermittent working time, it can be accumulated, including any previous working time in a job position in the cases specified in Points a, b, c and d, Clause 1 of this Article) doing a job that requires appropriate professional training level for the job position being recruited;

+ In the case specified in Point d, Clause 1 of this Article, only the reception to be appointed as a civil servant to hold a leadership or management position must have 5 years of service or more (not including the probationary period, probationary period) is suitable for the receiving field and must be planned for the appointed position or equivalent position;

+ In the case specified in Point dd, Clause 1 of this Article, the competent authority must be mobilized and rotated to work at agencies, organizations and units in the political system according to task requirements and without request. Must have 5 years or more working time at the agency, organization, or unit to which they are transferred or transferred; When accepted as a civil servant, there is no need to establish an Examination and Testing Council.

So, according to current regulations in Vietnam and compared to the case you mentioned, there are still cases where officials who are transferred from public employees operating in public service units to become civil servants in communes when meeting the prescribed conditions.

Application of the person proposed to be accepted as a civil servant in Vietnam

The application of the person proposed to be accepted as a civil servant is specified in Clause 3, Article 18 of Decree 138/2020/ND-CP as follows:

- Civil servant curriculum vitae according to current regulations must be prepared no later than 30 days before the date of submission of the receiving dossier, with confirmation from the agency, organization or unit where one works;

- Copies of diplomas and certificates as required by the job position being recruited;

In case the person proposed to be admitted has a standardized professional diploma in foreign language or information technology according to regulations that corresponds to the requirements of the job position applied for, he or she is not required to submit a foreign language certificate or computer information certificate. 

In case the proposed recipient meets the requirements for exemption from the foreign language or computer science test specified in Clause 1, Article 8 of this Decree, he or she is not required to submit a foreign language or computer science certificate.

- Health certificate issued by a competent health agency no later than 30 days before the date of submitting the receiving application;

- Self-assessment and assessment of the person proposed to receive the job on political qualities, moral qualities, qualifications and professional capacity, work history certified by the head of the agency, organization, unit where you work.

According to this Article, the documents that need to be prepared when transferring from a civil servant are specified as above in Vietnam.

Best regards!