Vietnam: Guiding the conversion between public employees and officials

Conditions for conversion:

According to Article 42 of Decree No. 29/2012/NĐ-CP of Vietnam’s Government:

- Public employees who have worked at public service employees for at least 60 months (internship excluded) are qualified, experienced and satisfactory to requirements of working positions shall be employed as soon as employers wish to employ without any entrance examinations.

- Public employees employed and assigned to positions deemed as officials by the law in agencies and organizations of the Communist Party, the Government, socio-economic organizations shall follow procedures in order to be converted to officials without taking examinations according to regulations and law on officials; decisions on assignment shall be decisions on employment.

Dossiers:

- Curriculum vitae certified by a competent agency or unit within 30 days, up to the date of application submission;

- A copy of birth certificate;

- Copies of diplomas and certificates as required by the position applied for, certified by a competent authority;

- A health certificate issued by a competent health authority within 30 days from the date of submission of the application;

- Judicial record card issued by the Department of Justice of the place of permanent residence;

- The self-review and assessment of the person proposed to receive on political qualities, ethical qualities, qualifications and professional competence, work history and forms of reward achieved, with comments and certifications from heads of agencies and organizations position, unit where that person works.

Procedures:

- The head of the officials management agency establishes an examination and examination council to evaluate the conditions, standards, qualifications and professional capacity as required, the tasks of the job position to be recruited of the person proposed to accept without passing the entrance exam.

- The head of the agency managing officials shall send a written request to the Ministry of Home Affairs or the Central Organizing Committee for unanimity before deciding to accept or not pass the entrance exam for special cases in officials recruitment. To be specific:

+ Supreme People's Court, Supreme People's Procuracy, State Audit, Office of the National Assembly, Office of the President, Ministries, ministerial-level agencies, Governmental agencies, People's Committees of provinces and central-affiliated cities and other organizations established by the Government or the Prime Minister but not a public non-business unit, shall send a document to the Ministry of Home Affairs for unification of opinions;

+ Competent agencies of the Communist Party of Vietnam, socio-political organizations, provincial and municipal Party Committees directly under the Central Government shall send documents to the Central Organization Committee for unification.

- Send the application for unification of the receipt to the Ministry of Home Affairs or the Central Organizing Committee.

+ A written request signed by the head or deputy head of the agency managing officials, including the job description of the job position to be recruited corresponding to each case of application for acceptance without passing the exam; number of assigned staffing quotas that have not yet been used by agencies, organizations or units that need to be recruited; expected rank and salary grade in case of request for appointment to the rank of main expert, senior specialist or equivalent;

+ Minutes and results of the meeting of the Examination and Examination Council, for cases subject to examination and testing.

+ Profile of the person proposed to be accepted without passing the entrance exam.

- Within 30 days from the date of receipt of a complete dossier, the Ministry of Home Affairs or the Central Organizing Committee must give a written reply; if not, it shall be considered as agreed.

If the application is not sufficient, within 15 days from the date of receipt of the request, the Ministry of Home Affairs or the Central Organization Department must make a written request to the officials management agency to supplement and complete the dossier as prescribed.

Related documents:

- Law on Public Employees 2010;

- Decree No. 29/2012/NĐ-CP;

- Circular No. 13/2010/TT-BNV.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE