Vietnam: What you should know when accepting public employees as civil servants

The amended Law on Cadres and Public Officials 2019 has many changes in regulations on cadres, civil servants and public employees in Vietnam. One of them is the regulation on the approval of public employees to become public servants.


Vietnam: What you should know when accepting public employees as civil servants (Artwork)

Conditions for accepting public employees to work as civil servants

In Clause 5, Article 1 of the Law on Cadres and Civil Servants and the amended Law on Public Employees 2019 stipulates:

In addition to the form of recruitment through entrance examination and selection examination, the head of the civil servant management agency shall decide on the admission of people who meet the criteria and conditions of the job position to work as civil servants for public employees in public service units.

According to Clause 1, Article 18 of Vietnam's Decree 138/2020/ND-CP, based on the requirements of the job position to be recruited, the head of the civil servant management agency is entitled to consider and accept public employees to work. civil servant if the following conditions are met:

- Having one nationality is Vietnamese nationality.

- 18 years or older.

- Having an application form; have a clear history.

- Having relevant diplomas and certificates.

- Having good political and moral qualities.

- Capability regarding health to perform the task.

- Other conditions as required by the position applied for.

- Not within the time limit for disciplinary action.

- Not during the implementation of the provisions related to discipline under Article 82 of the Law on Cadres and Public Officials 2008, as amended and supplemented in Clause 17, Article 1 of the Law amending and supplementing a number of articles of the Law on Cadres, civil servants and the 2019 Law on Public Employees.-

- Having worked for full 05 years or more (excluding the probationary period; if the working period is not continuous, it will be accumulated) doing the job that requires the professional training level suitable to the position.

Thus, public employees working at public non-business units to be admitted to work as civil servants must satisfy the above conditions.

Procedures for accepting public employees as public servants

* Profile of the person proposed to be accepted as a civil servant

Comply with Clause 3, Article 18 of Vietnam's Decree 138, including:

- Curriculum vitae of civil servants (made at the latest 30 days before the date of submission of application dossiers), certified by the agency, organization or unit where they work.

- Copies of diplomas and certificates as required by the job position to be recruited.

In case the applicant has a professional diploma with a standardized output in foreign languages ​​or informatics corresponding to the requirements of the job position applied for or is exempted from the foreign language or informatics test, he/she is not required to submit the application form. certificate of foreign language, informatics.

- A health certificate issued by a competent health authority (at least 30 days before the date of submission of the application for receipt).

- The self-review and assessment of the person proposed to receive on political qualities, ethical qualities, qualifications and professional capacity, work history, certified by the head of the agency. , organization, unit where you work.

* Procedures for receiving

An examination and an examination council must be established when accepting public employees to work as civil servants who do not hold leadership or management positions or are heads of agencies managing civil servants. Accordingly, the tasks, powers and working principles of the Examination and Examination Council shall comply with Clause 4, Article 18 of  Vietnam's Decree 138 as follows:

- Check the standards, conditions, diplomas, certificates, and certifications of the person proposed to receive them according to the requirements of the job position to be recruited.

- Organize tests on the general knowledge level and professional and professional capacity of the person proposed to be accepted.

- Report to the head of the agency managing civil servants on the results of the examination and examination.

- The examination and examination council works on the principle of collective action and makes decisions by majority; in the case of equal votes, the opinion voted by the Chairman of the Examination and Examination Council shall be followed. The examination and examination council are self-dissolved after completing their tasks.

* Test format: interview or writing or a combination of interview and writing.

* Content of the test: based on the requirements of the job position to be recruited for. The Examination and Examination Council shall be responsible for formulating the content of the test, proposing the form and method of determining the test results, ensuring it is consistent with the requirements of the job position to be recruited, and reporting to the person in charge. The head of the civil servant management agency shall consider and decide before organizing the test.

Bao Ngoc

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