Guidance of the Ministry of Home Affairs on procedures for admission as public employees in Vietnam

Guidance of the Ministry of Home Affairs on procedures for admission as public employees in Vietnam (Internet image) 

On December 31, 2023, the Minister of Home Affairs issued Decision 1098/QD-BNV announcing administrative procedures specified in Decree 85/2023/ND-CP amending Decree 115/2020/ND-CP on recruitment, use, and management of public employees.

Guidance of the Ministry of Home Affairs on procedures for admission as public employees in Vietnam

* The order of execution

Step 1. Case of considering admission as public employees:

Based on the conditions for registering for public employee recruitment and according to the requirements of the job position to be filled, the head of the recruitment agency decides on admission as public employees for cases that meet the standards and conditions of the job position, specifically as follows:

- People with 5 years or more of working experience who are doing professional and professional work appropriate to the job position expected to be accepted at an agency, organization, or unit established in accordance with the law. .

The working period specified above is the period of professional and professional work appropriate to the job in the expected job position in accordance with the provisions of law, with compulsory social insurance payment, excluding the probationary period according to the provisions of Article 21 of Decree 115/2020/ND-CP.

In case the probationary period at the current job as prescribed by law is less than the probationary period of the accepted job specified in Clause 2, Article 21 of Decree 115/2020/ND-CP, this lesser time difference is counted towards the probationary period.

In case you have intermittent working time but have not received a one-time social insurance benefit, it will accumulate.

- Commune-level officials and civil servants are doing work suitable to the job position expected to be accepted.

- Individuals who have previously served as officials or public employees and have subsequently been officially transferred, through a written decision by the official authority, to work in other agencies, organizations, or units while still performing duties that are suitable for the intended position.

- Individuals who have obtained a doctoral degree or higher (recognized by the competent authority as prescribed) and are currently working in agencies or organizations with headquarters or branches established abroad, or in foreign agencies or organizations with headquarters or branches established in Vietnam, in a field of study that is relevant to the position being recruited for, and have at least 3 years of professional experience in a relevant field suitable for the intended position.

- People with special talents and aptitudes suitable for job positions in the fields of culture, arts, sports, and traditional occupations according to the regulations of the Ministry managing the industry and field.

- Students who study under the recruitment regime according to the provisions of the law, after graduating, return to work in the locality where they were sent to study.

Agencies with recruitment authority or assigned recruitment authority, based on the characteristics of their agency, organization, or unit, may stipulate higher standards and conditions for the cases specified above.

Step 2. Establish an Examination Council

When considering admission as a public employee who does not hold a management position, the head of the agency or unit with authority to recruit public employees must establish an inspection and testing council. The composition of the Inspection and Testing Council is carried out according to regulations.

- When considering admission as public employees who do not hold management positions for the cases specified in Points a, b, and e, Clause 1, Article 13 of Decree 115/2020/ND-CP, the head of the agency with recruitment authority shall establish an Examination and Examination Council. The composition of the Inspection and Testing Council is carried out as follows:

+ In case a public service unit is assigned recruitment authority, the Recruitment Council has 05 or 07 members, including:

++ The Chairman of the Council is the head or deputy head of the public service unit;

++ The Vice Chairman of the Council is the person in charge of the personnel organization of the public service unit;

++ Commissioner and Secretary of the Council is a public employee who assists in the organization and staff work of public service units;

++ Other members are people with expertise and skills related to recruitment, as decided by the head of the public service unit.

In case the Chairman of the Recruitment Council cannot be arranged according to the above regulations, the competent agency managing the public service unit shall consider and decide.

+ In case the agency competent to manage a public service unit conducts recruitment, the Recruitment Council has 05 or 07 members, including:

++ The Chairman of the Council is the head or deputy head of the head of the agency with recruitment authority;

++ The Vice Chairman of the Council is the leader of the staff organization advisory department of the agency with recruitment authority;

++ Member and Secretary of the Council is the representative of the staff organization advisory department of the agency with recruitment authority;

++ Other members are people with expertise and skills related to recruitment, as decided by the head of the agency with recruitment authority.

- Duties and powers of the Inspection and Testing Council:

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

+ Organize a test on the general knowledge level and professional capacity of the person proposed to receive. The inspection and testing council must report to the head of the recruitment agency to agree on the form and content of the test before implementation.

+ The inspection and testing council works according to collective principles, making decisions by majority; In case of equal voting, the opinion that the Chairman of the Inspection and Testing Council has voted on shall be implemented; The Examination and Examination Council decided to establish a secretariat to assist in cases of necessity.

+ In case the job position does not require foreign language proficiency, the foreign language test is not required.

+ Report to the head of the recruitment agency on the results of inspection and testing.

+ The Inspection and Testing Council will self-dissolve after completing its tasks.

- The head of the agency with recruitment authority decides according to his/her authority.

Step 3. Conclude a Working Contract

* Ingredients and profiles

- Personal curriculum vitae according to current regulations prepared within 30 days before the date of submission of the receiving application, with confirmation from the competent authority;

- Copies of diplomas and certificates as required by the job position being recruited;

- Health certificate issued by a competent health agency no later than 30 days before the date of submitting the receiving application;

- A self-assessment and evaluation report from the proposed candidate regarding their political qualities, ethical qualities, level of expertise, professional competence, and work experience, with confirmation from the head of the agency, organization, or unit where they have been employed (if any).

* Time limit for resolution

- The deadline for receiving the application form is 30 days from the date of the recruitment announcement published in the mass media on the website or electronic information portal of the agency or unit with recruitment authority.

- Establishment of a Board to examine recruitment registration forms decided by the Chairman of the Recruitment Council no later than 05 working days from the date of establishment of the Recruitment Council.

- In case the candidate does not meet the conditions and criteria for admission, no later than 05 working days from the date of completion of checking the application registration form, the recruitment council is responsible for sending a written notice to the candidate registered at the address where the candidate has registered.

- Based on practical conditions during the process of organizing the examination, the Chairman of the Recruitment Council decides to extend the time limit for performing the tasks specified above, but the total time must not exceed 15 days.

- No later than 15 days from the date of notice summoning candidates to participate in the test, the Recruitment Council must organize the test.

- Within 15 days from the date of public posting of results, candidates have the right to submit a request for review of exam results in the form of a written exam. The head of the agency or unit with authority to recruit public employees is responsible for organizing the review and announcing the results of the review no later than 15 days after the deadline for receiving review applications, according to regulations.

- The head, agency, or unit competent to recruit public employees shall request in writing that the head of the agency competent to manage public employees recognize the admission results as public employees. A written request signed by the head or deputy head of the agency or unit with authority to recruit public employees clearly states the job position to be filled and is accompanied by minutes of meetings of the Inspection and Testing Council and records of each case that meets the conditions and criteria for special consideration.

Ho Quoc Tuan

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