Conditions for Public Employees to be Converted to Officials

Conditions for public employees to be transferred to civil servant (Illustration)

According to Clause 4, Article 42 of Decree 29/2012/ND-CP by the Government of Vietnam, the conditions for public employees to be considered for transfer to civil servant without taking an examination are as follows:

1. Have worked at a public service provider for at least 60 months (excluding probation period).
2. The managing and employing agency of civil servants has recruitment needs.
3. Have the educational background, work experience, and immediately meet the requirements of the vacant position.

Note: When a public employee is recruited and appointed to positions legally defined as civil servant positions in agencies and organizations of the Communist Party of Vietnam, the State, and socio-political organizations, they must undergo the process of being considered for transfer to civil servant without taking an examination per the regulations on civil servants; and the decision to recruit and appoint is also the recruitment decision.

Additionally, for public employees appointed to leadership and management positions in public service providers, which, according to law, are civil servant positions, when appointed to the rank of civil servant corresponding to the job position, they must complete the standards of the appointed rank; while retaining the professional title previously appointed, and enjoy salary policies and other policies as public employees of the public service provider.

Furthermore, Clause 4, Article 42 of Decree 29/2012/ND-CP stipulates as follows:

4. Cadres and civil servants mobilized to work as public employees in public service providers, when meeting the standards and conditions as prescribed by the law on public employees.

Thus, civil servants can also be transferred to public employees, however, they must meet the following conditions:

First, there must be a mobilization decision.

Clause 10, Article 7 of The Law on Cadres and Civil Servants defines mobilization as the decision by a competent authority to transfer civil servants from one agency, organization, or unit to another.

Moreover, Article 50 of The Law on Cadres and Civil Servants, and Article 35 of Decree 24/2010/ND-CP stipulate that the mobilization of civil servants is carried out in the following cases:

- According to specific task requirements;- Changing job positions as prescribed by law;- According to the planning and use plan of civil servants in agencies, organizations, units, and between agencies, organizations, and units as decided by the competent authority.

Second, must meet the standards and conditions prescribed by law regarding public employees.

Note: Clause 2, Article 25 of The Law on Public Employees amended and supplemented by The Law on Cadres and Civil Servants and The Law on Public Employees (Amendment) 2019 stipulates that civil servants transferred to public employees in this case will sign an indefinite-term working contract.

Civil servant and public employee are two different job positions within the system of state agencies, organizations, and public service providers. However, when meeting the conditions, a civil servant can completely transfer to a public employee and vice versa in accordance with the law.

Le Vy

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