Latest procedures for the promotion of public employee professional titles in 2024 in Vietnam

Latest procedures for the promotion of public employee professional titles in 2024 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.

Latest procedures for the promotion of public employee professional titles in 2024 in Vietnam

Step 1. Basis for organizing professional title promotion and changing professional titles for public employees (Section 2 of Decree 115/2020/ND-CP)

- Consideration for promotion to professional titles must be based on job position, professional title standards, and in accordance with the public employee structure according to the professional title of the public service unit approved by the competent authority.

- Officials can register for professional title promotion if the public service unit has a need and meets the standards and conditions prescribed by law.

- The professional title promotion review period is organized according to the principles of equality, openness, transparency, objectivity, and legality.

Step 2. Organize consideration for the promotion of professional titles

Article 32 of Decree 115/2020/ND-CP amended by Decree 85/2023/ND-CP stipulates the standards and conditions for promotion of public employee professional titles as follows:

- Be graded in quality at the level of well performance or higher when carrying out tasks in the working year immediately preceding the year of consideration for professional title promotion; have good political qualities and professional ethics; not within the disciplinary period; not during the implementation of regulations related to discipline according to the Party's regulations and the law;

- Have the capacity, professional qualifications, and skills to hold a professional title at a higher level adjacent to the current professional title level in the same professional field;

- Meet the requirements for diplomas, certificates, and other requirements of the standards of professional titles considered for promotion. In cases where, at the time of promotion consideration, the Ministry of Professional Title Management has not issued regulations on the content, program, form, and duration of training as stipulated in Clause 1 of Article 64 of this Decree, there is no requirement to meet the certification requirements for professional title training. Officials who are considered for promotion are considered to meet the standards and conditions of the rank being considered.

- Meet the requirements for minimum working time holding the adjacent lower-class professional title according to the requirements of the professional title standards for promotion consideration, except in the case of consideration for promotion of a professional title in which that professional title, according to regulations at the time of consideration, does not have an adjacent lower rank.

In cases where officials have had work experience before being recruited or accepted (excluding the probationary period as stipulated in Clause 2, Article 21 of Decree 115/2020/ND-CP), in accordance with the provisions of the law, have made mandatory social insurance contributions, and have worked in positions that require appropriate professional qualifications and expertise (if there is non-continuous work experience without receiving social insurance benefits at once, it will be accumulated), the duration of that work experience shall be considered as a basis for salary classification in the current professional title and shall be deemed equivalent to the current rank of the professional title held.

In order to calculate the equivalent time, there must be a period of holding a professional title of a lower class adjacent to the professional title class being considered for at least 12 months up to the deadline for submitting the registration application for consideration for promotion.

In addition to the standards and conditions specified in Clause 1, Article 32 of Decree 115/2020/ND-CP, the Ministry managing professional titles of specialized public employees is responsible for specifying standards and conditions for promotion consideration in cases of promotion to class II and class I in the management industry or field associated with the requirements of the job position corresponding to the proposed professional title class and ensuring requirements to improve team quality and employee benefits.

The Ministry of Home Affairs specifically stipulates standards and conditions for promotion consideration in cases of promotion to class II and class I applicable to administrative officers, clerical officers, and archives officers.

Grade V and Grade IV public employees are considered for promotion to the adjacent higher professional title class if they are working in a job position appropriate to the professional title being considered and meet the standards and conditions for consideration according to the provisions of Clause 1 of Article 32 of Decree 115/2020/ND-CP.

In cases where public employees are ranked in a professional title class but this professional title class is no longer prescribed by current law, they will be considered for promotion to a higher professional title class adjacent to their current professional title class if they are working in a suitable job position and meet the standards and conditions according to the provisions of Clause 1 of Article 32 of Decree 115/2020/ND-CP. This regulation does not apply to cases where there is a change in occupational title codes.”.

Step 3. Professional title promotion review council (Article 38 of Decree 115/2020/ND-CP)

- The Council for examination or consideration for promotion of professional titles is established by the head of the agency or unit with authority to organize examinations or consideration for promotion of professional titles. The Council has 05 or 07 members, including:

+ The Chairman of the Council is the head or deputy head of the agency or unit with authority to organize examinations or consideration for promotion of professional titles;

+ The Vice Chairman of the Council is the head or deputy head of the staff organization advisory department of the agency or unit with authority to organize examinations or consideration for promotion of professional titles;

+ The members of the Council are individuals with expertise and professional knowledge related to the organization of examinations or promotions for professional titles, as determined by the head of the competent agency or unit responsible for organizing the examinations or promotions for professional titles. Among them is one member who also serves as the Secretary of the Council.

- The Examination or Promotion Council for professional titles works according to collective principles, making decisions by majority; In cases of equal voting, the opinion that the Chairman of the Council voted for will be implemented. The Council performs the following tasks and powers:

+ Notify the plan, time, rules, form, content, and location of the exam or consideration for promotion of professional titles;

+ Establish supporting departments: Question Paper Board, Invigilation Board, Script Header Removal Board, Examination Board, Review Board (if any) when organizing professional title promotion exams or the Dossier Appraisal Board, Inspection and Testing Board when organizing consideration for promotion of professional titles. In cases of necessity, the Chairman of the Council establishes a Secretariat to assist;

+ Organize the collection of fees for taking exams or considering promotion and use them according to regulations;

+ Organize exams, mark exams, mark re-examinations, or organize reviews of documents, tests, and examinations according to regulations;

+ Report to the head of the agency or unit competent to organize exams or consider professional title promotions to recognize the results of exams or consider professional title promotions;

+ Resolve complaints and denunciations during the process of organizing exams or considering professional title promotions;

+ The examination or promotion committee for professional titles will self-dissolve after completing its tasks.

- Not arranging people who are related to the father, mother, brother, sister, or sibling of the person taking the exam or being considered for promotion, or of the spouse of the person taking the exam or being considered for promotion; the spouse, biological or adopted children of the person participating in the examination or promotion, or individuals who are under disciplinary proceedings or executing disciplinary decisions, shall not serve as members of the Examination or Promotion Council, nor as members of the supporting staff of the Examination or Promotion Council.

Step 4. Content and form of promotion consideration (Article 39 of Decree 115/2020/ND-CP, amended in Decree 85/2023/ND-CP)

- Content: Evaluate the satisfaction of the requirements for standards and conditions specified in Article 32 of this Decree for public employees considering promotion.

- Format: Document appraisal

Step 5. Determine whether the public employee is admitted during the promotion period

- A public employee who is selected for the promotion examination is an individual who meets all the criteria and conditions stipulated in Article 32 of Decree 115/2020/ND-CP. The head of the agency or unit responsible for organizing the promotion examination shall officially recognize the results of the successful selection in the promotion examination.

- In the event that an agency or unit has a larger number of public employees considered for promotion than the approved promotion target, the determination of public employees accepted for promotion will be carried out in the following order of priority:

+ Public employees have higher achievements in professional activities that have been recognized by competent authorities;

+ Female public employee;

+ Public employee who is an ethnic minority;

+ Public employee who is older (calculated by day, month, and year of birth);

+ Public employees have more working time.

- In case the successful candidate cannot be identified in the public employee promotion examination, the head of the agency or unit that organizes promotion consideration shall report in writing to the head of the agency or public employee management unit and decide on the successful candidate according to the opinion of the head of the agency or public employee management unit.

Step 6. Appointing and grading professional titles for public employees who pass the examination for professional title promotion

- Within 15 days from the date of receiving the list of public employees admitted in the professional title promotion examination, the head of a competent agency or a decentralized or authorized person must make the appointment and salary ranking for new professional titles for successful public employees according to regulations.

If a public employee has been selected in the promotion examination but subsequently undergoes disciplinary proceedings, is disciplined, or is subject to indictment, investigation, prosecution, or trial without an appointment and salary classification decision being made for the selected professional title, the competent authority shall decide on the appointment and salary classification for the professional title based on the organizational structure of the public employee to the approved professional title at the time of consideration and appointment. Once the disciplinary proceedings are completed without disciplinary action, the period of time for implementing the disciplinary decision has expired, or after a decision is made by the competent authority regarding the case of indictment, investigation, prosecution, or trial, the appointment and salary classification for the professional title of the public employee selected in the promotion examination shall be determined by the competent authority. The effective date of the new salary, the next salary increment evaluation period, and any extension of the salary increment timeline (if applicable) shall be implemented in accordance with the provisions of the law.

- Salary arrangements for newly appointed professional positions shall be carried out in accordance with the provisions of the law.

More details can be found in Decision 1098/QD-BNV, taking effect on December 31, 2023.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE