Change of Public Employee Job Title

18:23, 11/07/2024

I am a population and family planning officer working at a commune health station. At the time of recruitment, I held an intermediate-level degree and was categorized under the intermediate-level salary scale. I have now completed a university program and have submitted documentation to request a cadre and public employee transfer. However, the district health center's organization department responded that transfers are only granted to officers who are sent for training by the agency. I request legal advice on whether the district health center's response is correct. (Nguyen Van Dao)

Article 31 of the Law on Public Employees 2010 stipulates: The appointment to a professional title for public employees shall be conducted based on the principle: Working at a certain job position means being appointed to the corresponding professional title for that job position; those appointed to any professional title must meet the standards of that professional title.

The change of professional titles for public employees shall be carried out through examinations or reviews based on the principles of equality, publicity, transparency, objectivity, and compliance with the law.

Public employees may register for examinations or reviews to change professional titles if the public service provider has demand and the employees meet the conditions and standards prescribed by law.

The Government of Vietnam specifically prescribes the process, procedures for examination or review, and appointment of professional titles of public employees, and the delegation and decentralization of organizing the examination or review, and appointment of professional titles of public employees.

Clause 1 of the Government Decree dated April 12, 2012, on the recruitment, use, and management of public employees provides guidance on the change of professional titles of public employees: a- When transferring from one professional title to another of the same grade, the transfer must be conducted through the review of professional title transfer; b- When upgrading from a lower grade to a directly higher grade within the same sector or field, the upgrade must be conducted through the examination or review for upgrading professional titles.

Based on the aforementioned provisions, the law on public employees does not differentiate between public employees nominated for training and those not nominated for training in the case of changing professional titles. You may register to take the examination or review for changing the professional title if the public service provider has demand and you meet the conditions and standards prescribed by law.

According to Lao Dong Newspaper

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