05 Subjects in Vietnam Accepted as Officials Without Recruitment Exams or Evaluation

Subjects in Vietnam Accepted as Officials Without Recruitment Exams or Evaluation (Illustrative image)

1. Individuals in Vietnam admitted to official duty without recruitment examinations:

Pursuant to Clause 1, Article 18 of Decree 138/2020/ND-CP, the following 05 individuals are admitted to official duty without recruitment examinations:

(1) Officers working at public service providers;

(2) Commune-level officials;

(3) Persons receiving salaries within the people's armed forces, persons working in cryptographic organizations but are not officials;

(4) Chairperson of the Members' Council, Chairperson of the Board of Directors, Company President, Member of the Members' Council, Member of the Board of Directors, Controllers, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and individuals holding managerial positions from the department level and above in enterprises with 100% charter capital owned by the State, enterprises with state ownership of over 50% of the charter capital or total voting shares;

(5) Individuals who were formerly officials from the district level upwards and later transferred by competent authority to hold positions that are not officially designated in other agencies, organizations.

These are the five individuals admitted to official duty without recruitment examinations.

2. Standards and conditions for admission to official duty in Vietnam :

Based on the requirements of the position to be recruited, the head of the official management agency has the authority to consider and admit the individuals mentioned in section 1 if they meet all the conditions for official registration stipulated in Clause 1, Article 36 of the Law on Officials, are not under disciplinary action, and are not subject to disciplinary measures as stipulated in Article 82 of the Law on Officials amended and supplemented by Clause 17, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Officials and the Law on Public Employees, and fulfill the following standards and conditions:

- Individuals (1), (2), (3) must have at least 5 years of service (excluding probationary or trial periods; non-continuous service time can be aggregated, including prior service time in positions related to cases (1), (2), (3), (4)) in jobs requiring professional training appropriate to the recruited position.

- Individual (4) will only be admitted to official duty to hold managerial positions, must have at least 5 years of service (excluding probationary or trial periods) appropriate to the field of admission, and must be planned for the appointed position or an equivalent position.

- Individual (5) must be transferred by competent authority to work in agencies, organizations, and units within the political system as required without needing to meet the 5 years of service at the transferred agencies, organizations, and units; when admitted to official duty, it is not necessary to establish an Examination and Evaluation Council.

3. Applications for individuals proposed for admission to official duty in Vietnam:

According to Clause 3, Article 18 of Decree 138/2020/ND-CP, the application of individuals proposed for admission to official duty includes:

- Personal resume of the official as per current regulations, prepared no later than 30 days before the application date, with confirmation from the agency, organization, or unit of employment;

- Copies of diplomas and certificates required by the position to be recruited;

+ For  individuals  proposed  for  admission  with  a  graduation  diploma  that  has  met  the  foreign  language  or  computer  proficiency  requirement  corresponding  to  the  position's  requirement,  foreign  language  or  computer  certificates  are  not  required.

+ For  individuals  proposed  for  admission  eligible  for  exemption  from  foreign  language  or  computer  tests  as  per  Clause  1,  Article  8  of  Decree  138/2020/ND-CP,  foreign  language  or  computer  certificates  are  not  required.

- Health certificate issued by a competent health authority no later than 30 days before the application date;

- Self-assessment and evaluation form of the proposed individual on political and ethical qualities, professional level and expertise, work history with confirmation from the head of the current agency, organization, or unit.

4. Establishment of the Examination and Evaluation Council for individuals admitted to official duty in Vietnam

- When admitting individuals (1), (2), (3) to non-leadership, non-managerial official duty, the head of the official management agency must establish an Examination and Evaluation Council. The composition of the Examination and Evaluation Council is in accordance with Clause 1, Article 7 of Decree 138/2020/ND-CP.

Note: No persons in a relationship such as parent, sibling, or child of the individual admitted to official duty or their spouse; individuals under disciplinary action; or individuals executing a disciplinary decision can participate as members of the Examination and Evaluation Council.

- When admitting individuals to official duty to appoint them to leadership or managerial positions, it is unnecessary to establish an Examination and Evaluation Council but must meet all the appointment standards and conditions mentioned in section 2.

Note: The appointment decision simultaneously serves as the admission decision and is executed as follows:

• If the official management agency is also the appointing authority or subordinated to the appointing authority, the appointment decision shall also serve as the admission decision;
• If the official management agency is superior to the appointing authority, the appointing authority must report to the official management agency to obtain consent for the admission before making the appointment decision.

5. Classification and salary scale for individuals admitted to official duty with time contributing to mandatory social insurance in Vietnam

Pursuant to Article 19 of Decree 138/2020/ND-CP, if the individual admitted to official duty works in a position corresponding to their training or prior professional expertise, the duration of mandatory social insurance contributions according to the Law on Social Insurance before admission (if any, such time accumulating prior mandatory social insurance contributions is counted if not received a lump-sum social insurance settlement) at training levels corresponding to training requirements of the recruited position, shall be calculated for job classification and salary scale suitable to the recruited position.

The salary classification in the official ranks corresponding to the recruited position shall follow current regulations.

The above is the complete set of the latest regulations on individuals admitted to official duty without recruitment examinations according to Decree 138/2020/ND-CP, effective from December 1, 2020.

Thuy Tram

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