Hanoi-Vietnam: What are the cases of switching from public employee to official?

Article 42 of Decree No. 29/2012/ND-CP dated April 12, 2012, on the recruitment, employment, and management of public employees stipulates the switching between public employees and officials as follows:

"1. Public employees who have worked at public service providers for at least 60 months (excluding the probation period), possess the required educational qualifications, and work experience, and immediately meet the requirements of the job position to be recruited, can be considered for switching from public employee to official without taking an exam under the law on officials, if the agency managing and employing officials has a recruitment need."

"2. Public employees, when accepted and appointed to job positions defined by law as job positions of officials within the agencies and organizations of the Communist Party of Vietnam, the State, or socio-political organizations, must undergo the process of switching from public employee to official without taking an exam according to the legal provisions on officials; concurrently, the decision to accept and appoint is the recruitment decision."

According to the above regulations, the switching between public employees and officials must meet all the conditions regarding working time, educational qualifications, work experience, etc.

Article 58 of the law on Public Employees 2010 stipulates:

"1. The switching between public employees and officials is carried out as follows:

a) The recruitment of public employees as officials must follow the legal provisions on officials. In cases where public employees have worked at a public service provider for at least 5 years, they can be considered for switching to officials without taking an examination;

b) Public employees accepted and appointed to job positions defined by law as official positions will have the acceptance and appointment decision concurrently serving as the recruitment decision;

c) Public employees appointed to leading and managerial positions in public service providers, where the law defines these positions as official positions, will be appointed to the corresponding official grades for the job position, with salary according to the payment mechanism of public service providers, and maintain their appointed professional titles. They will perform professional activities according to the provisions of this Law and other relevant legal regulations...."

Under Clause 2, Article 10, Circular No. 13/2010/TT-BNV of the Ministry of Home Affairs dated December 30, 2010, detailing some articles on recruitment and grade promotion of officials in Decree No. 24/2010/ND-CP on recruitment, employment, and management of officials, the procedure is as follows:

+ Regarding the process:

- Check and assess the person proposed to be accepted without an examination (Points a, b, c Clause 2 Article 10);

- Submit the dossier requesting consensus on acceptance (Point d Clause 2 Article 10);

- Evaluate the conditions, standards, process, and dossier; reach a consensus on acceptance without an examination (Clause 4 Article 10).

+ Regarding the dossier: Enforced as per Clause 3, Article 10 of Circular 13/2010/TT-BNV of the Ministry of Home Affairs:

"3. The dossier requesting consensus on acceptance without an examination, sent to the Ministry of Home Affairs or the Central Organization Commission, includes:

a) An official dispatch requesting acceptance signed by the head or deputy head of the managing authority of officials, including a job description of the position to be filled for each proposed non-exam acceptance; the unused staff quota allocated to the agency, organization, or unit requiring recruitment; the proposed grade, salary, and level for the position to be appointed to the senior specialist grade, senior specialist, or equivalent as stipulated in Clause 2, Article 11 of this Circular...

b) The dossier of the person proposed for non-exam acceptance includes:

- A self-narrative summary verified by the competent authority within 30 days of the dossier submission date for cases of acceptance stipulated in Point a Clause 1 of this Article; a résumé as per Form No. 2c issued together with Decision No. 02/2008/QD-BNV dated October 6, 2008, of the Minister of Home Affairs, on issuing form templates for managing official personnel dossiers (abbreviated to Form No. 2c), verified by the working place within 30 days of the dossier submission date for cases of acceptance stipulated in Point b Clause 1 of this Article;

- A copy of the birth certificate;

- Copies of degrees and certificates required for the position to be recruited, certified by a competent authority;

- Copies of academic results required for the position to be recruited for cases of acceptance stipulated in Point a Clause 1 of this Article, certified by a competent authority;

- Health certificate issued by the competent health authority within 30 days up to the date of application submission;

- Judicial record issued by the Department of Justice where the person resides;

- A self-assessment report by the person proposed for acceptance regarding political qualities, moral qualities, professional qualifications and abilities, work processes, and achieved rewards, endorsed and confirmed by the head of the agency, organization, or unit where the person works for cases of acceptance stipulated in Point b Clause 1 of this Article."

Lawyer, Master Pham Thanh Binh

Bao Ngoc Law Firm, Hanoi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE