Who does Decree 05/2024/TT-BNV on the standards and conditions for promotion of administrative public employees in Vietnam apply to? When does Decree 05/2024/TT-BNV take effect in Vietnam?
On June 27, 2024, the Minister of the Ministry of Home Affairs issued Decree 05/2024/TT-BNV, which regulates the standards and conditions for promotion to Grade 2 and Grade 1 for administrative public employees, clerical public employees, and archival public employees; and determines the salary placement for individuals recruited or accepted into civil service.
Decree 05/2024/TT-BNV applies to the following groups:
- Administrative public employees in positions related to administrative work, general administration, office management, personnel organization, planning, finance, and other positions without professional titles and not engaged in professional activities of public service providers (hereinafter referred to as administrative public employees) being considered for promotion to Grade 2 (from specialist to senior specialist) and Grade 1 (from senior specialist to expert).
- Clerical public employees in positions related to clerical and administrative work in public service providers (hereinafter referred to as clerical public employees) being considered for promotion to Grade 2 (from clerical staff to senior clerical staff).
- Archival public employees specializing in archival work in public service providers being considered for promotion to Grade 2 (from archival staff to senior archival staff).
Issuance of Decree 05/2024/TT-BNV regarding the standards and conditions for promotion of administrative public employees in Vietnam - image from internet
Based on Clause 2, Article 3 of Decree 05/2024/TT-BNV, the standards and conditions for promotion to Grade 1 for administrative public employees are as follows:
- Being rated as having completed tasks well or above in the consecutive working year prior to the year of consideration for promotion to professional titles; having good political qualities and professional ethics; not under disciplinary action; not in the period of implementing disciplinary regulations according to the regulations of the Party and the law.
- Having the capacity, professional qualifications, and expertise to take on higher professional titles in the same professional field.
- Meeting the requirements for diplomas, certificates, and other requirements of the professional title standards for promotion consideration.
In cases where at the time of promotion consideration, the Ministry of Professional Titles Management has not issued regulations on content, programs, forms, and training time as prescribed, the requirement for professional development certificates is not necessary; the public employees being considered for promotion will be considered as meeting the standards and conditions of the grade being considered.
- Meeting the minimum working time requirement for the lower professional title according to the requirements of the professional title standards for promotion consideration, except for cases where the professional title being considered for promotion does not have a lower grade at the time of consideration.
In the case of public employees who have had working experience (excluding probationary period as regulated), have participated in mandatory social insurance, and have worked in positions that require appropriate professional qualifications and expertise before being recruited or accepted (if there are non-continuous working periods without receiving social insurance subsidies, they will be accumulated); the accumulated working time will be considered as the basis for salary placement in the current professional title.
For cases where equivalent working time is considered, there must be a minimum of 12 months of holding the lower professional title compared to the professional title being considered for promotion, counting until the deadline for submitting promotion consideration applications.
- Having the establishment of a position plan of the public career unit, approved following the regulations of the law, with a job position for the professional title being considered for promotion.
- Being nominated for promotion consideration by the competent authority.
- Having a minimum of 6 years of holding the principal specialist professional title or equivalent. In cases where there is equivalent working time with the principal specialist professional title, the minimum holding time for the principal specialist professional title is 1 year (12 months) counting until the deadline for submitting promotion consideration applications (if the holding time for the principal specialist professional title is not continuous, it will be accumulated).
- During the period of holding the principal specialist professional title or equivalent, being confirmed in writing (along with the application dossier) by the competent authority for promotion consideration, with one of the following scientific tasks:
+ Leading the development of regulations, rules, technical procedures in the field, sector, agency, or unit where they work, which have been issued and confirmed by the head of the agency or unit responsible for implementation.
+ Leading scientific and technological tasks from the grassroots level or higher, which have been accepted and evaluated as meeting the requirements.
+ Participating in the development of projects, legal normative documents that have been issued and confirmed by the head of the agency or unit responsible for implementation.
- During the period of holding the principal specialist professional title or equivalent, having one of the following achievements:
+ Having achievements in performing professional tasks and being awarded commendation certificates by the Prime Minister or achieving the title of excellent soldier from the Ministry, department, sector, or province level or above.
+ Having at least 3 years of work evaluated and rated as excellently completing tasks.
Pursuant to Clause 1, Article 6 of Decree 05/2024/TT-BNV:
Implementation
1. This Circular shall come into effect from August 15, 2024.
2. In cases where the documents referred to in this regulation are amended, supplemented, or replaced, they shall be implemented according to the new documents; in cases where they expire, the corresponding provisions in this regulation shall expire.
3. Repeal Article 9 of Decree 07/2022/TT-BNV dated August 31, 2022, of the Minister of the Ministry of Internal Affairs, which regulates job titles, codes, professional title standards, examinations or promotions, appointments, and salary placement for professional archival public employees.
4. Repeal point b, Clause 3, Article 16 of Decree 02/2021/TT-BNV dated June 11, 2021, of the Minister of the Ministry of Internal Affairs, which regulates codes, professional standards, and salary placement for administrative public employees and secretarial public employees, regarding the application of regulations on topics and projects for public employees promotion to senior specialists and chief specialists.
Therefore, Decree 05/2024/TT-BNV will officially come into effect from August 15, 2024.