Conditions for registration for civil servant recruitment in Vietnam

Conditions for registration for civil servant recruitment in Vietnam (Internet image)

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

1. Conditions for registration for civil servant recruitment in Vietnam

According to Article 36 of the Law on Cadres and Civil Servants 2008 (amended 2019), conditions for registration for civil servant recruitment are as follows:

- A person who meets all the following conditions, regardless of nationality, gender, social status, belief and religion, may register for civil servant recruitment:

+ Bearing the sole nationality of Vietnamese;

+ Reaching full 18 years of age;

+ Filing an application for recruitment; having a clear personal record;

+ Possessing relevant diplomas and/or certificates;

+ Possessing political qualities and good ethics:

+ Being physically fit for the job;

+ Meeting other conditions required by the working position for which he/she applies.

- The following persons may not register for civil servant recruitment:

+ Not residing in Vietnam;

+ Having lost civil act capacity or having such capacity restricted;

+ Being examined for penal liability; currently serving a criminal sentence or court ruling or having completely served such a sentence or ruling but such criminal record has not yet been remitted, or serving the administrative measure of confinement to a medical treatment establishment or a reformatory.

2. Objects and priority points in civil servant recruitment

Specifically, Article 5 of Decree 138/2020/ND-CP stipulates subjects and priorities in civil servant recruitment as follows:

- Subjects and priority points in the entrance exam or admission:

+ Heroes of the Armed Forces, Labor Heroes, war invalids, policy beneficiaries such as war invalids, class B war invalids: 7.5 points are added to the round 2 score results;

+ Ethnic minorities, military officers, police officers, serving professional soldiers, people doing cipher work changing branches, students who graduate from reserve officer training, graduate from training for commanders of commune-level military commands of the grass-roots military sector are awarded the rank of reserve officers, have registered for the rank of reserve officers, and are children of martyrs, children of war invalids, children of sick soldiers, children of policy beneficiaries such as war invalids, children of category B war invalids, offspring of resistance activists infected with toxic chemicals, children of Heroes of the Armed Forces, Labor Hero child: 5 points added to round 2 score results;

+ People who complete military service, people's police service, youth volunteer team members: 2.5 points are added to the round 2 score results.

- In case the candidate taking the exam or admission falls into multiple priority categories as prescribed in Clause 1, Article 5 of Decree 138/2020/ND-CP, only the highest priority score will be added to the round 2 score results.

3. Methods of civil servant recruitment in Vietnam

Pursuant to Article 37 of the Law on Cadres and Civil Servants 2008 (amended 2019), the method of recruiting civil servants is prescribed as follows:

- Recruitment of civil servants is carried out through examination or admission, except for the cases specified in Clause 3, Article 37 of the Law on Cadres and Civil Servants 2008.

The form and content of civil servant recruitment and selection exams must be consistent with the job position requirements in each industry and profession, ensuring the selection of people with qualities, qualifications, and abilities.

- Recruitment of civil servants through recruitment is carried out according to the decision of the agency competent to recruit civil servants for each of the following groups of subjects:

+ Commit to volunteering to work for 5 years or more in areas with extremely difficult socio-economic conditions;

+ Students who study under the recruitment regime according to the provisions of the Education Law, after graduating, return to work in the locality where they were sent to study;

+ Excellent graduates, talented young scientists.

- In addition to recruitment through entrance exams and screening, the head of the civil servant management agency shall decide to accept people who meet the standards and conditions of the job position as civil servants in the following cases:

+ Public employees working at public non-business units;

+ Commune-level cadres and civil servants;

+ People receiving salaries in the people's armed forces; people working in cipher organizations but not civil servants;

+ Receiving and appointing civil servants to hold leadership and management positions for people who are Chairman of the Board of Members, Chairman of the Board of Directors, President of the company, Member of the Board of Members, Members of the Board of Directors, Controllers, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and people holding other management positions and titles according to the Government's regulations in state-owned enterprises, enterprises in which more than 50% of charter capital is held by the State; the recipient must be planned for the appointed position or equivalent position;

+ People who used to be cadres and civil servants are then transferred or rotated by competent authorities to hold working positions other than cadres and civil servants at other agencies and organizations.

- The cases specified in Clause 3, Article 37 of the Law on Cadres and Civil Servants 2008 will be considered for admission as civil servants if not within the disciplinary time limit or within the time of implementing regulations related to discipline specified in Article 82 of the Law on Cadres and Civil Servants 2008; In the cases specified in Points a, b, c, and d, Clause 3, Article 37 of the Law on Cadres and Civil Servants 2008, they must also have 5 years of working experience or more in accordance with the receiving field.

4. Agencies recruiting civil servants in Vietnam

Agencies recruiting civil servants are specified in Article 39 of the Law on Cadres and Civil Servants 2008 as follows:

- Agencies recruiting civil servants include:

+ The Supreme People’s Court, the Supreme People’s Procuracy and the State Audit may recruit, and decentralize the recruitment of, civil servants in agencies, organizations and units under their respective management.

+ The Office of the National Assembly and the Office of the President may recruit civil servants in agencies and units under their respective management.

+ Ministries, ministerial-level agencies and government-attached agencies may recruit, and decentralize the recruitment of. civil servants in agencies, organizations and units under their respective management.

+ Provincial-level People’s Committees may recruit, and decentralize the recruitment of, civil servants in agencies, organizations and units under their respective management.

+ Agencies of the Communist Party of Vietnam and socio-political organizations may recruit, and decentralize the recruitment of, civil servants in agencies, organizations and units under their respective management.

- Carrying out quality inspections of civil servant input, except for the cases specified in Clauses 2 and 3 of Article 37 of the Law on Cadres and Civil Servants 2008. The quality inspection of civil servant input is carried out according to a roadmap, ensuring openness, transparency, practicality, and efficiency.

Ho Quoc Tuan

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