Cases in which civil servants are considered for rank promotion in Vietnam

Cases in which civil servants are considered for rank promotion in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Cases in which civil servants are considered for rank promotion in Vietnam

According to Clauses 1 and 2, Article 31 of Decree 138/2020/ND-CP, civil servants that fully meet the criteria and conditions specified at Points a, b and c, Clause 3, Article 30 of Decree 138/2020/ND-CP shall be considered for promotion to the rank of civil servant in the following cases:

- Having outstanding achievements in public service activities during the time of holding the current civil servant rank, recognized by competent authorities;

- Being appointed to hold leadership and management positions in association with the requirements of the job position.

The requirements for outstanding achievements in public service activities, including emulation titles, forms of commendation according to merit, and achievements in performing tasks and official duties of civil servants, are as follows:

- For raising the rank from employee rank or equivalent to officer rank or equivalent; from the rank of officer or equivalent to the rank of expert or equivalent: Received the Certificate of Merit from the Prime Minister and won the title of Grassroots Emulation Fighter twice;

- For raising the rank from expert or equivalent to major expert or equivalent: Received the Third Class Labor Medal and won the title of Emulation Soldier at the ministerial, departmental, provincial, and central mass organizations;

- For raising the rank from the rank of main expert or equivalent to the rank of senior specialist or equivalent: To be rewarded with the First-Class Labor Medal or to win the title of National Emulation Fighter.

2. Application for consideration of rank promotion for civil servants in Vietnam

Application for consideration of rank promotion for civil servants according to Clause 2, Article 36 of Decree 138/2020/ND-CP are as follows:

In addition to the provisions of Clause 1, Article 36 of Decree 138/2020/ND-CP, the dossier for consideration of civil servant rank promotion also contains copies of documents proving the standards and conditions for consideration of civil servant rank promotion specified in Section 1.

The dossier in Clause 1, Article 36 of Decree 138/2020/ND-CP includes:

- Curriculum vitae of civil servants according to current regulations, made no later than 30 days before the deadline for submission of applications for promotion, certified by the agency that manages and employs the civil servant;

- The comment and assessment of the head of the agency or organization employing the civil servant on the criteria and conditions for registration of the exam as prescribed;

- Copies of diplomas and certificates at the request of the exam category;

If the civil servant has a professional diploma with output standards in foreign languages or informatics according to regulations that correspond to the requirements of the exam category, he/she is not required to submit a foreign language or informatics certificate.

In cases where civil servants are exempt from taking foreign language or computer science subjects as prescribed in Clauses 6 and 7, Article 37 of Decree 138/2020/ND-CP, they are not required to submit foreign language or informatics certificates.

- Other requirements according to regulations on the professional standards of civil servant ranks.

3. Regulations on appointment of the rank of civil servants in Vietnam

Regulations on appointment of the rank of civil servants under Article 40 of Decree 138/2020/ND-CP are as follows:

- Within 15 days from the date of receipt of the list of public servants who have been recruited in the rank promotion exam, the head of the civil servant management agency shall issue a decision on rank appointment and salary arrangement for the elected public servant as prescribed:

+ For the rank of senior specialist or equivalent:

The head of the agency managing civil servants shall issue a decision on rank appointment and salary arrangement for the elected civil servant after obtaining the agreement of the Ministry of Home Affairs (for state agencies) or the Central Organization Board (for agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, and socio-political organizations).

+ For the rank of main specialist or equivalent, the rank of specialist or equivalent, the rank of civil servant or the equivalent:

The head of the agency managing civil servants shall, according to his/her competence or decentralization, make the decision on rank appointment and salary arrangement for civil servants who have been recruited for the promotion period.

- The salary arrangement in the newly appointed ranks shall comply with current regulations.

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