Civil servant ranks under the latest regulations in Vietnam

Civil servant ranks under the latest regulations in Vietnam (Internet image)

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

1. Civil servant ranks under the latest regulations in Vietnam

Civil servant ranks in Vietnam include:

- Senior specialist and equivalent;

- Principal specialist and equivalent;

- Specialist and equivalent;

- Technician and equivalent;

- Employee.

- Other categories as prescribed by the Government.

(Clause 1, Article 42 of the Law on Cadres and Civil Servants 2008, amended by the Law amending Law on Cadres and Civil Servants and the Law on Public Employees 2019)

2. Cases of and conditions for rank appointment in Vietnam

- Rank appointment must ensure the following conditions:

+ Appointed persons meet all professional criteria of the rank;

+ Rank appointment is decided by competent persons and ensure the civil servant structure of the agency, organization or unit.

- Rank appointment shall be made in the following cases:

+ The recruited person has completed the probation regime;

+ The civil servant has passed a rank promotion examination;

+ The civil servant is shifted to an equivalent rank.

(Clause 2 and 3, Article 42 of the Law on Cadres and Civil Servants 2008)

3. Regulations on shift of civil servant ranks in Vietnam

- Rank shift means the appointment of a civil servant holding a rank in a profession to a rank of the same specialized or professional level of another profession.

- To be shifted to another rank, a civil servant must possess all specialized or professional qualifications as required by the rank he/she is shifted to and relevant to the assigned tasks and powers.

- A civil servant who is assigned tasks irrelevant to the specialized or professional qualifications of the rank he/she is holding shall be shifted to a suitable rank.

- No rank promotion and salary raise are allowed upon rank shift.

(Article 43 of the Law on Cadres and Civil Servants 2008)

4. Regulations on civil servant rank promotion in Vietnam

- Rank promotion must be based on working positions, suitable to the civil servant structure of the agency, organization or unit concerned, and made through examination.

- Civil servants who meet all criteria and conditions for assuming working positions of a higher rank may register for rank promotion examination.

- Rank promotion examinations shall be organized on the principles of competitiveness, publicity, transparency, objectivity and legality.

(Article 44 of the Law on Cadres and Civil Servants 2008)

5. Prohibitions on cadres and civil servants in Vietnam

Prohibitions on cadres and civil servants are specified in Articles 18, 19, 20 of the Law on Cadres and Civil Servants 2008, including:

- Prohibitions related to civil service ethics

+ Shirking responsibility or refusing to discharge assigned tasks; sowing factionalism and disunity; quitting jobs or going on strike without permission.

+ Illegally using assets of the State and people.

+ Taking advantage of or abusing tasks and powers; using civil service-related information for self-seeking purposes.

+ Discriminating in any form against nationality, gender, social strata, beliefs and religions.

- Prohibitions related to state secrets

+ Cadres and civil servants may not disclose in any form information relating to state secrets.

+ Cadres and civil servants working in sectors or occupations related to state secrets may not, within at least 5 years after receiving decisions on their retirement or job discontinuation, perform jobs related to their former sectors or occupations for domestic and foreign organizations and individuals and foreign-invested joint ventures.

- Other prohibitions on cadres and civil servants

In addition to the prohibitions specified in Articles 18 and 19 of the Law on Cadres and Civil Servants 2008. cadres and civil servants may not deal with affairs related to production and business and personnel work specified in the Anti-Corruption Law and the Law on Practice of Thrift and Combat of Wastefulness and other jobs as prescribed by law and competent agencies.

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