Will civil servants with facial piercings be forced to resign in Vietnam?

Will civil servants with facial piercings be forced to resign in Vietnam?

Article 13 of Decree 112/2020/ND-CP stipulates application of disciplinary form of forced resignation to civil servants as follows:

Disciplinary action for dismissal shall be applied to civil servants who commit violations in one of the following cases:

1. Having been disciplined in the form of dismissal for civil servants holding leadership or managerial positions, or a salary reduction for civil servants who do not hold leadership or management positions but recidivism;

2. Committing an act of violation for the first time, causing particularly serious consequences in one of the cases specified in Article 8 of this Decree;

3. Using fake or illegal diplomas, certificates, certificates or certifications to be recruited into agencies, organizations or units;

4. Addiction to drugs; for this case, there must be a conclusion of the medical facility or a notice of the competent authority;

5. In addition to the provisions of Clauses 1, 2, 3 and 4 of this Article, the disciplinary form of dismissal is also applied to civil servants holding leadership or managerial positions who commit violations for the first time, causing particularly serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree.

Thus, for the cases of civil servants who are disciplined in the form of forced severance mentioned above, there is no case where civil servants with facial piercings are forced to resign in Vietnam.

If you have a hobby and intend to pierce the positions on your face, it is still okay and you will not be forced to quit your job in Vietnam. However, it depends on the head of the agency, the rules at the agency and your working environment whether you have a lot of contact with citizen or not.

Can facial piercings take civil servant recruitment in Vietnam?

According to Article 36 of the Law on Cadres and Civil Servants 2008 as amended by Point dd Clause 20 Article 1 of the Law on Cadres and Civil Servants and the revised Law on Public Employees 2019, conditions for registration for civil servant recruitment are as follows:

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

a/ Bearing the sole nationality of Vietnamese;

b/ Reaching full 18 years of age;

c/ Filing an application for recruitment; having a clear personal record;

d/ Possessing relevant diplomas and/or certificates;

e/ Possessing political qualities and good ethics:

f/ Being physically fit for the job;

g/ Meeting other conditions required by the working position for which he/she applies.

2. The following persons may not register for civil servant recruitment:

a/ Not residing in Vietnam;

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

c/ Being examined for penal liability; currently serving a criminal sentence or court ruling or having completely served such a sentence or ruling but such criminal record has not yet been remitted, or sending to a compulsory detoxification establishment, to a compulsory education institution.

Therefore, according to the above regulations in Vietnam, there are no regulations that prohibit people with facial piercings from participating in the recruitment exam. It is important that as long as they meet all the requirements for the civil servant exam as prescribed by the law, a citizen with advice on his face can still take the exam.

What are methods of civil servant recruitment in Vietnam? 

Pursuant to Article 37 of the Law on Cadres and Civil Servants 2008 as amended by Clause 5, Article 1 of the Law on Cadres and Civil Servants and the revised Law on Public Employees 2019 stipulates methods of civil servant recruitment as follows:

1. The recruitment of civil servants shall be carried out through entrance examination or selection examination, except for the case specified in Clause 3 of this Article.

The form and content of civil servant recruitment and selection examination must be suitable to the job position requirements in each industry or profession, ensuring the selection of qualified, qualified and capable people.

2. The recruitment of civil servants through civil servant recruitment shall be made according to the decision of the agency competent to recruit civil servants for each of the following groups of subjects:

a) Commit to volunteering to work for 5 years or more in areas with extremely difficult socio-economic conditions;

b) Learners according to the recruitment regime as prescribed by the Law on Education, after graduation, work in the locality where they are sent to study;

c) Excellent graduates, talented young scientists.

3. In addition to the form of recruitment through entrance examination and selection examination, the head of the civil servant management agency shall decide to accept people who meet the criteria and conditions of the job position as civil servants in the case of civil servants. The following:

a) Public employees working at public non-business units;

b) Commune-level cadres and civil servants;

c) People who receive salaries in the people's armed forces, people who work in cipher organizations but are not civil servants;

d) Accepting for appointment as civil servants holding leadership and management positions for persons who are currently Chairman of the Members' Council, Chairman of the Board of Directors, President of the company, Member of the Members' Council, Member members of the Board of Directors, Supervisors, General Directors, Deputy General Directors, Directors, Deputy Directors, Chief Accountants and persons holding other managerial positions and titles as prescribed by the Government in enterprises the State, enterprises in which more than 50% of charter capital is held by the State; the recipient must be planned to the appointed position or equivalent position;

dd) Persons who used to be cadres and civil servants and then transferred or rotated by competent authorities to hold working positions are not cadres or civil servants at other agencies and organizations.

4. The cases specified in Clause 3 of this Article shall be considered for admission to the position of civil servants if they are not within the time limit for disciplinary action, not within the time limit for implementing regulations related to discipline specified in Article 82. of this Law; the cases specified at Points a, b, c and d Clause 3 of this Article must also have full 05 years of working experience or more relevant to the receiving field.

5. The Government shall detail this Article.

The above are the provisions of the law on methods of civil servant recruitment in Vietnam. 

Best regards!