New Instructions on the Conditions for Taking Exams/Considering Promotion for Officials

Draft Decree stipulating the recruitment, use, and management of officials is currently being solicited for public comments by the Ministry of Home Affairs and is expected to take effect in 2020.

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This draft Decree has specified the regulations on promotion examinations for rank advancement, and the consideration for rank advancement for officials previously stipulated in the Law amending and supplementing a number of articles of the Law on Officials and the Law on Public Employees 2019. Specifically, according to this Draft, officials can register for the rank advancement examination when they meet the following standards and conditions:

- Rated quality at the level of satisfactorily completing tasks or higher in the working year immediately preceding the year of the rank advancement examination; possessing good political and moral qualities; not under disciplinary action, not during the implementation of disciplinary regulations prescribed in Article 82 of the Law on Officials;

- Having the capacity, professional qualifications, and skills to undertake the job position corresponding to the higher rank in the same professional field;

- Meeting the requirements for diplomas, certificates, and other professional and technical standards of the registered rank. In the case of holding a graduation diploma from a professional educational institution or university that has implemented standardized exit training programs in foreign languages and informatics corresponding to the required foreign language and informatics levels prescribed in the professional and technical standards of the registered rank, foreign language and informatics certificates are not required;

- Meeting the minimum working time requirements for each rank of official as prescribed in the professional and technical standards of the rank;

- Must have held the immediately preceding rank for at least 1 year (a full 12 months) until the deadline for submitting the application for the rank advancement examination.

According to this Draft, officials who meet all the stated standards and conditions (except the last condition) can be considered for rank advancement in the following cases:

- Having outstanding achievements in public service activities during the period of holding the current rank, recognized by the competent authority;

- Being appointed to a leadership or management position associated with the job position requirements.

In which, outstanding achievements in public service activities are defined as follows:

- Being awarded a Labor Order, Class Three or higher, or a national emulation soldier title (applicable for rank advancement consideration from specialist rank to principal specialist rank or equivalent and above);

- Achieving the title of emulation soldier at the ministry, sector, province, central-level delegation or higher (applicable for rank advancement consideration from staff rank to officer rank or equivalent; from officer rank to specialist rank or equivalent).

Thus, it can be seen that this Draft Decree has detailed the conditions and standards for the rank advancement examination/consideration previously stipulated in the Law on Officials and Public Employees 2019, and also provides specific guidance on cases where officials can be considered for rank advancement, cases considered as having outstanding achievements in public service activities for rank advancement consideration, etc.

This Draft Decree is expected to take effect in 2020, repealing Decree 24/2010/ND-CP, Decree 93/2010/ND-CPDecree 161/2018/ND-CP, and Decision 27/2003/QD-TTg.

View the detailed content of the Draft HERE.

Nguyen Trinh

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