Conditions for registering for consideration of the promotion of professional titles for public employees in Vietnam

Conditions for registering for consideration of the promotion of professional titles for public employees in Vietnam (Internet image)

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

1. Conditions for registering for consideration of the promotion of professional titles for public employees in Vietnam

According to Article 1, Clause 16 of Decree 85/2023/ND-CP (amending Article 32 of Decree 115/2020/ND-CP) on the conditions for registering for consideration of promotion of professional titles for public employees in Vietnam:

- Public employees can register for consideration of promotion to higher professional titles if they meet the following criteria and conditions:

+ They are rated at a level of good completion of tasks or higher in the consecutive working year prior to the year of consideration for promotion. They have good political qualities and professional ethics and are not under disciplinary action or subject to the disciplinary regulations of the Party and the law.

+ They have the capacity and expertise to assume higher professional titles in the same professional field.

+ They meet the requirements for diplomas, certificates, and other requirements of the promotion standards. In cases where the Ministry that manages professional titles for public employees has not issued regulations on content, programs, forms, and training time according to the provisions of Article 64, Clause 1 of Decree 115/2020/ND-CP, they do not need to meet the requirements for professional title training certificates. Public employees being considered for promotion are considered to meet the standards and conditions of the title being considered.

+ They meet the minimum working time requirement for the lower professional title according to the promotion standards, except in cases where the professional title being considered for promotion does not have a lower title at the time of consideration.

For public employees who have had working experience before being recruited or appointed (excluding the probationary period as stipulated in Clause 2, Article 21 of Decree 115/2020/ND-CP), the time worked in accordance with legal regulations, with mandatory social insurance contributions, in a position that requires appropriate professional qualifications and expertise (if there is non-continuous working time without receiving social insurance benefits at once, it can be accumulated) is considered equivalent to the current professional title.

In cases of equivalence, the time spent in the lower professional title must be at least 12 months compared to the professional title being considered for promotion, counting until the deadline for submitting the application for consideration of promotion.

- In addition to the criteria and conditions stipulated in Clause 1, Article 32 of Decree 115/2020/ND-CP, the Ministry that manages professional titles for public employees is responsible for specific regulations on the criteria and conditions for promotion consideration in cases of promotion to Grade II and Grade I in sectors and fields related to the requirements of the corresponding position, ensuring the improvement of the quality of the workforce and the rights of public employees.

The Ministry of Home Affairs specifically regulates the criteria and conditions for promotion consideration in cases of promotion to Grade II and Grade I for administrative public employees, clerical public employees, and archivist public employees.

For Grade V public employees and Grade IV public employees, they can be considered for promotion to higher professional titles if they are working in positions that match the professional title being considered and meet the criteria and conditions stipulated in Clause 1, Article 32 of Decree 115/2020/ND-CP.

In the case of public employees who hold a professional title that is no longer regulated by current laws, they can be considered for promotion to higher professional titles that are contiguous to the current professional title if they are working in a suitable position and meet the criteria and conditions stipulated in Clause 1, Article 32 of Decree 115/2020/ND-CP. This provision does not apply to cases where there is a change in the occupational code.

2. Basis and principles for organizing the consideration of the promotion of professional titles in Vietnam

According to Article 31 of Decree 115/2020/ND-CP, the basis and principles for organizing the consideration of the promotion of professional titles in Vietnam are as follows:

- The consideration of the promotion of professional titles must be based on the position of employment, professional title criteria, and be in line with the civil service structure according to the approved professional titles of public service providers with the authority to grant them.

- Public employees can register for consideration of the promotion of professional titles if the public service provider has a need and meets the criteria and conditions according to legal regulations.

- The promotion consideration period must follow the principles of equality, transparency, objectivity, and compliance with the law.

To Quoc Trinh

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