Nowadays, many graduates want to work in government agencies. But the necessary condition to work in those places is to pass the civil service exam. So about the matter “Regulations on state civil servants in Vietnam” and as well as knowing some questions about this question, please refer to our article below as follows:
Legal grounds
- Law on Cadres and Civil Service 2008
What is a state civil servant?
According to Clause 2, Article 4 of the Law on Cadres and Civil Servants in 2008, amended and supplemented in 2019 stipulates:
Civil servants are Vietnamese citizens, recruited and appointed to ranks, positions, and titles corresponding to employment positions in agencies of the Communist Party of Vietnam, the State, and socio-political organizations. at central, provincial and district levels; in agencies or units of the People’s Army who are not officers, professional soldiers or defense workers; in agencies and units of the People’s Public Security who are not officers, non-commissioned officers serving under the professional regime, public security workers, on the payroll and receiving salaries from the state budget”.
Regulations on state civil servants in Vietnam
Characteristics of public servants include:
The nature of the civil servant’s work
Civil servants are people who work regularly in certain state agencies and social organizations and have obvious professional qualifications. The regularity shown in recruitment is not limited in time. Once recruited into a rank, title or position, a civil servant will work regularly, continuously, without interruption in terms of time. Professionalism is shown as civil servants are classified into a rank. Grade is the name showing the hierarchy of the capacity and professional qualifications of civil servants. Civil servant ranks include: senior specialists and equivalent; main specialist and equivalent; specialist and equivalent; officers and equivalents; Staff. Thus, civil servants who are equivalent senior professionals have the highest rank in terms of capacity, professional qualifications, and that rank decreases to employees.
The path of civil servant formation
There are two ways to form civil servants: through recruitment and appointment. The recruitment of civil servants shall be conducted by competent agencies and organizations based on the requirements of tasks, employment positions and assigned staffing quotas. Agencies performing the recruitment of civil servants include those defined in Article 39 of the Law on Cadres and Civil Servants. These are: Supreme People’s Court, Supreme People’s Procuracy, State Audit; Office of the National Assembly, Office of the President; Ministries, ministerial-level agencies, government-attached agencies; Provincial People’s Committee; An agency of the Communist Party of Vietnam, a socio-political organization. These agencies all conduct recruitment of civil servants in agencies and units under their management. For example: Provincial-level People’s Committees recruit civil servants in People’s Committee offices, departments, public non-business units under the organizational structure of specialized agencies under the People’s Committee…
The person to be recruited must be a person who fully meets the conditions specified in Clause 1, Article 36 of the Law on Cadres and Civil Servants and is not the person specified in Clause 2, Article 36. When all conditions are met the recruited person must pass the entrance examination or recruitment examination according to the provisions of law. Examination is a method of recruiting civil servants, in which the form and content of the examination must be suitable to the industry and profession, ensuring the selection of people with the qualities, qualifications and capabilities to meet the recruitment requirements use.
In addition, for those who satisfy the recruitment conditions and commit to volunteering for 5 years or more in mountainous, border, island, remote, ethnic minority areas, and regions. Those with extremely difficult socio-economic conditions may be recruited through recruitment examination. Persons recruited into civil servants must perform the probationary regime according to the Government’s regulations.
At the end of the probationary period, the head of the agency, organization or unit employing the civil servant shall evaluate the person’s moral qualities and work results; if satisfying the requirements, request the agency or organization competent to manage civil servants to decide on official appointment to the rank. Besides the appointment to a rank after the recruited person completes the probationary regime, appoint is also a direct path to form civil servants.
That is the civil servant is appointed to hold a leadership and management position. The appointment of civil servants to hold a leadership or management position must be based on the needs and tasks of the agency, organization or unit; standards and conditions for leadership and management positions. Competence, order and procedures for appointing leading and managing civil servants shall comply with the provisions of law and competent agencies. For example, the chairperson of the provincial People’s Committee has the authority to appoint the director of the department. Thus, the way to form civil servants is recruitment and appointment, in which, recruitment is a specific path.
- Workplace
The workplace of civil servants is very diverse. If cadres are people working in agencies of the Party, State, socio-political organizations at the central level, in provinces and centrally run cities, in districts, towns, and cities. under the province, civil servants also work in agencies and units of the People’s Army and People’s Public Security, in the leadership and management apparatus of public non-business units.
- Working time
Civil servants are in charge of work from the time they are appointed, recruited until they retire according to the provisions of the Labor Code, but do not operate according to the same term as officials (Article 60 – Law on Cadres and Civil Servants 2008). . Termination of holding a position when reaching retirement age: Men are full 60 years old, women are full 55 years old (Prescribed at Point a, Clause 1, Article 73 – Law on Social Insurance 2014).
- Labor mode
Civil servants are on payroll and receive salaries from the state budget (Article 12 – Law on cadres and civil servants 2008); for civil servants in the leadership and management apparatus of a public non-business unit, the salary is guaranteed from the salary fund of the public non-business unit in accordance with law.
Types of state civil servants
According to the level of training, civil servants are classified into:
1) Class A civil servant – having professional training from university level or higher;
2) Class B civil servants – having professional training qualifications at the professional secondary level, college level;
3) Class C civil servants – have professional training at the elementary level;
4) Class D civil servant – having a professional training level below elementary level.
According to professional ranks, civil servants are divided into:
1) Civil servants in the administrative – non-business sector;
2) Civil servants of archival industry;
3) Inspectors of public servants;
4) Finance industry officials;
5) Public servants in the judicial branch;
6) Civil servants in the banking industry;
7) Customs officers;
8) Agricultural civil servants;
9) Forest protection officers;
10) Civil servants in the irrigation sector;
11) Civil servants in the construction industry;
12) Science and technology civil servants;
13) Hydrometeorological officers;
14) Public servants in the education and training sector;
15) Public servants in the health sector;
16) Civil servants in the culture – information sector;
17) Civil servants in the physical training and sports sector;
18) National reserve industry official.
According to their working position, civil servants are classified into leading civil servants and professional civil servants. The Government has promulgated a regulation on civil servants specifying positions, benefits, recruitment, training, mobilization, reward, discipline and regulations on what not to do. Each officer in each office position has a clear name, position and title. The title must clearly indicate the level of the position, in accordance with the requirements of the job and the standards of obligations of that position. Public servants are responsible before law for the performance of their official duties and are responsible for the performance of their duties by their subordinates
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Frequently asked questions
State Audit, Supreme People’s Court and Supreme People’s Procuracy;
Office of the President and Office of the National Assembly;
Governmental agencies and ministries, ministerial-level agencies;
Agencies of the Communist Party of Vietnam, socio-political organizations and agencies of the Communist Party of Vietnam;
Provincial People’s Committee.
Accordingly, the conditions for cadres, civil servants and public employees to enjoy pension under normal working conditions are:
Full 20 years of paying social insurance premiums or more
Reach retirement age according to Table 1 below. In particular, in 2021, men will be 60 years old and 3 months old; female full 55 years old 04 months. After that, every year increase by 3 months for men until they reach 62 years old in 2028 and increase by 4 months for women until they reach 60 years old in 2035.
This dossier is specified in Article 28 of the Regulation on appointment, re-appointment, extension of time holding a position, cessation of holding a position, resignation, dismissal, rotation of civil servants and public employees holding managerial positions under the management. The Ministry of Education and Training promulgates together with Decision 6196/QD-BGDDT in 2016 as follows:
The report of the Finance and Trade Department on the rotation of civil servants.
Curriculum vitae (according to form 2C of the Ministry of Home Affairs) of the civil servant certified by the agency directly managing the civil servant.
Comments and evaluations of the Party committee for civil servants to be rotated.
The rotation plan has been approved by the competent authority; Opinions of the public servant working; Opinion of the unit expected the civil servant to be transferred to.
Conclusion: So the above is Regulations on state civil servants in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
