Decree No. 138/2020/NĐ-CP: Guidelines for recruiting officials through recruitment examination in Vietnam

According to Article 4 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government and Article 36 of the Law on Officials 2008 of Vietnam, a person who meets all the following conditions, regardless of nationality, gender, social status, belief and religion, may register for officials recruitment:

- Bearing the sole nationality of Vietnamese;

- Reaching full 18 years of age;

- Filing an application for recruitment; having a clear personal record;

- Possessing relevant diplomas and/or certificates;

- Possessing political qualities and good ethics:

- Being physically fit for the job;

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

- Not falling in cases: Not residing in Vietnam; Having lost civil act capacity or having such capacity restricted; 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 serving the administrative measure of confinement to a medical treatment establishment or a reformatory.

Besides, according to Article 10 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, the recruitment of officials through recruitment examination shall be decided by the agency competent to recruit officials and shall be conducted separately for each of the following groups of subjects as follows:

- Persons who voluntarily commit to work for 05 years or more in areas with extremely difficult socio-economic conditions;

- Learners according to the recruitment regime according to the provisions of the Education Law, after graduation, work in the locality where they are sent to study;

- Excellent graduates, talented young scientists.

Concurrently, it should be noted that the recruitment of excellent graduates and talented young scientists is carried out in accordance with the Government's regulations on the policy of attracting and creating officials from excellent graduates and young scientists.

Thus, based on the above provisions, those who meet the conditions for registration for officials recruitment and are subject to the above-mentioned officials recruitment examination will be recruited through recruitment examination. The recruitment of officials through recruitment examination is carried out in 2 rounds as follows:

- Round 1: Check the eligibility requirements in the Application Form according to the requirements of the job position to be recruited, if satisfied, the candidate can participate in round 2;

- Round 2: Interview to check the candidate's knowledge and skills of performing official duties according to the requirements of the job position to be recruited. (Note: Interview time is 30 minutes (candidates have no more than 15 minutes to prepare before the interview) and the scale is 100 points)

After 02 rounds of officials recruitment, the successful candidate in the officials recruitment examination must meet the following conditions:

- Having the second round score of 50 points or more;

- Having the result of round 2 plus the prescribed priority score (if any) is higher, in order of points from high to low within the range of recruitment quotas of each job position. (Note: In case there are 02 or more people with the same total score in the final criterion of the job position to be recruited, the person with the higher score in the second round will be the successful candidate; if it is determined, the head of the agency competent to recruit officials shall decide on the candidate)

It can be seen that, compared with the current regulations in Decree No. 161/2018/NĐ-CP, the content and form of officials recruitment have not changed. However, the new point of Decree No. 138/2020/NĐ-CP of Vietnam’s Government is that it clearly stipulates the subjects to be considered for officials recruitment compared to Decree No. 161/2018/NĐ-CP.

Ty Na

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