Cases considered for admission as public employees in Vietnam

Cases considered for admission as public employees in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases considered for admission as public employees in Vietnam

Based on the conditions for registering for public employee recruitment and the requirements of the job position to be filled, the head of the agency or unit with recruitment authority will be considered for admission as a public employee in the following cases:

- Cases with at least 05 years of work in a job position requiring a university degree or higher in accordance with the requirements of the job position to be filled and with mandatory social insurance contributions (Excluding internship and probationary periods, if there is a period of work with intermittent compulsory social insurance payment but has not yet received a one-time social insurance benefit, it will be accumulated, including previous working time, if any, in a job position belonging to the subjects specified in Clause 1, Article 13 of Decree 115/2020/ND-CP), including:

+ People who are commune-level officials and public employees;

+ People who are signing labor contracts to do professional work in a public service unit or non-public service unit according to the provisions of law;

+ People receiving salaries in the people's armed forces; people working in cipher organizations;

+ People working at enterprises where the State holds 100% of charter capital, enterprises where the State holds more than 50% of charter capital, or the total number of shares with voting rights;

+ People working in socio-political and professional organizations, social organizations, and socio-professional organizations.

- People with special talents and aptitudes are suitable for job positions in the following industries and fields: culture, arts, sports, and traditional professions.

- People who used to be cadres, public employees, and public employees and then were approved by competent authorities to move to work in the armed forces, ciphers, socio-political-professional organizations, and social organizations, social-professional organizations, enterprises in which 100% of the charter capital is held by the State or enterprises in which the State holds more than 50% of the charter capital or the total number of shares with voting rights.

2. Process for considering admission to public employee positions in Vietnam

- When considering admission as an employee who does not hold a management position in the cases specified in Point a, Clause 1, Article 13 of Decree 115/2020/ND-CP, 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 the provisions of Article 8 of Decree 115/2020/ND-CP.

- The Inspection and Testing Council performs the following tasks:

+ Check the conditions, standards, diplomas, and certificates of the person proposed to receive the job 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 agency or unit with authority to recruit public employees 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 cases of equal voting, the opinion that the Chairman of the Inspection and Testing Council has voted on shall be implemented;

+ Report to the head of the agency or unit with recruitment authority on the results of inspection and testing;

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

- The head of the agency or unit with authority to recruit public employees shall decide according to his/her authority or send a written report to the head of the agency with authority to manage public employees for consensus before deciding to accept according to his/her authority. 

3. Profile of the person proposed to be accepted as an public employee in Vietnam

- The public employee's curriculum vitae, according to current regulations, must be prepared no later than 30 days before the date of submission of the receiving dossier, with confirmation from the agency, organization, or unit where he works;

- 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;

- Self-assessment and assessment of the person proposed to receive the job based on political qualities, ethical qualities, professional qualifications and capabilities, and the certified work history of the head of the agency, organization, or unit where they work.

Legal basis: Clauses 1, 2, and 3 of Article 13 of Decree 115/2020/ND-CP.

Ho Quoc Tuan

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