The Ministry of Home Affairs' guidelines for regulations on promotion of civil servant professional titles in Vietnam

The Ministry of Home Affairs' guidelines for regulations on promotion of civil servant professional titles in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

On December 15, 2023, the Ministry of Home Affairs issued Official Dispatch 7415/BNV-CCVC implementing regulations on public employee career title promotion.

The Ministry of Home Affairs to direct the implementation of regulations on public employee career title promotion in Vietnam

Specifically, to properly implement the provisions of Decree 85/2023/ND-CP, the Ministry of Home Affairs requests that ministries, departments, branches, and localities agree to implement a number of contents as follows:

(1) For projects that have been agreed upon by the Ministry of Home Affairs and approved by competent authorities, the competent authority approving the project shall decide on implementation according to the provisions of Clause 2, Article 2 of Decree 85/2023/ND-CP.

(2) For projects that do not have opinions from the Ministry of Home Affairs, consideration for promotion will be carried out according to the provisions of Decree 85/2023/ND-CP (Clauses 16, 17, 19, 20, Article 1 amend Articles 32, 33, 39, and 40 of Decree 115/2020/ND-CP).

(3) For class V public employees and class IV officials, consideration for promotion to adjacent professional title classes (class IV and class III) shall be carried out according to the provisions of Clause 2 of Article 32 of Decree 115/2020/ND-CP (amended and supplemented in Clause 16, Article 1 of Decree 85/2023/ND-CP) if they meet the prescribed standards and conditions without having to wait for the Circular detailing the standards and conditions of the Ministry managing the professional titles of specialized public employees (Applies to cases already on the list attached to the project agreed by the Ministry of Home Affairs; promotion exams will not be held for this case.).

(4) Ministries managing professional titles of specialized public employees shall urgently issue regulations on standards and conditions for promotion consideration according to the provisions of Clause 16, Article 1 of Decree 85/2023/ND-CP, and ensure the deadline specified in Clause 5, Article 2 of Decree 85/2023/ND-CP, as a basis for ministries, branches, and localities to promptly organize public employee promotion consideration.

(5) Pursuant to the provisions of Decree 85/2023/ND-CP, ministries, branches, and localities organize promotion consideration according to their authority without having to send the project to the Ministry of Home Affairs for consensus before implementation; at the same time, review regulations on the authority to recruit, manage, and use public employees (appointment, salary ranking, salary increase, extra-seniority allowances, etc.) to amend and supplement to ensure compliance with the provisions of the Decree.

More details can be found in Official Dispatch 7415/BNV-CCVC, dated December 15, 2023.

Standards and conditions for registering for consideration for professional title promotion in Vietnam

An officer can register for promotion to an adjacent higher professional title when meeting the following standards and conditions:

- Be graded in quality at the level of completing tasks well or better 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. If, at the time of promotion consideration, the Ministry managing professional titles of specialized public employees has not issued regulations on the content, program, form, and duration of training according to the provisions of Clause 1, Article 64 of Decree 115/2020/ND-CP, it is not required to meet the requirements for a professional title training certificate; officials considered for promotion are considered to meet the standards and conditions of the considered class;

- 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 case an employee has worked for a period of time before being recruited or accepted (excluding probationary period as prescribed in Clause 2, Article 21 of Decree 115/2020/ND-CP, amending Decree 85/2023/ND-CP) in accordance with the law, pay mandatory social insurance, work in a job position that requires appropriate professional qualifications and skills (if there is intermittent working time without receiving a one-time social insurance benefit, it will be accumulated), and that time will be calculated as the basis for salary ranking at the current professional title is considered equivalent to the current professional title class.

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.

(Article 32 of Decree 115/2020/ND-CP, amending Decree 85/2023/ND-CP)

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