Training and retraining of civil servants in Vietnam

by Hà Ngọc

Vietnam law has regulations on Training and retraining of civil servants. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations oncivil servant training and retraining regime? Who has responsibilities of agencies, organizations and units for civil servant training and retraining? What are regulations on transfer of civil servants in Vietnam? Thanks for answering me!”

  • 2008 Vietnam Law on Cadres and Civil Servants

Civil servant training and retraining regime

– The contents, program, forms and durations of civil servant training and retraining must be based on criteria for leading and managerial titles and posts, criteria for civil servant ranks and suitable to task requirements.

– Civil servant training and retraining include:

+ Retraining based on civil servant rank criteria;

+ Training and retraining according to leading and managerial titles.

– The contents, programs and durations of civil servant training and retraining shall be stipulated by the Government.

Responsibilities of agencies, organizations and units for civil servant training and retraining

– Agencies, organizations and units managing civil servants shall formulate and publicize training and retraining plannings and plans to create sources and raise specialized or professional capabilities and qualifications for civil servants.

– Agencies, organizations and units employing civil servants shall create conditions for civil servants to attend training and retraining to raise their specialized or professional capabilities and qualifications.

– Civil servant training and retraining funds are covered by the state budget and other sources in accordance with law.

Responsibilities and benefits of civil servants in training and retraining

– Civil servants attending training and retraining shall strictly observe training and retraining regulations and submit to the management of training and retraining institutions.

– Civil servants attending training and retraining are entitled to full salaries and allowances, with the training and retraining durations included in the continuous seniority period and considered for salary raise in accordance with law.

– Civil servants with excellent performance in training or retraining courses are entitled to praise and reward.

– Trained or retrained civil servants who give up or discontinue their jobs without permission shall refund training and retraining expenses in accordance with law.

Regulations on Transfer of civil servants

– Transfer of civil servants must be based on task requirements and political qualities, ethics, and specialized or professional capabilities and qualifications of civil servants.

– Transferred civil servants must meet specialized or professional requirements of new working positions.

Appointment of civil servants to leading or managerial posts

– The appointment of civil servants to leading or managerial posts must be based on:

+ Needs and tasks of agencies, organizations or units:

+ Criteria and conditions for leading or managerial posts.

The competence, order and procedures for appointing civil servants to leading or managerial posts comply with laws and regulations of competent agencies.

– The term of appointment of civil servants to leading or managerial posts is 5 years; at the end of the term, competent agencies, organizations or units shall consider whether or not to appoint them.

– Civil servants who are transferred to other agencies, organizations or units or appointed to a new leading or managerial post will automatically stop holding the current leading or managerial one, except for cases of holding both concurrently.

Regulations on Rotation of civil servants

– Based on task requirements and civil servant employment plannings and plans, leading or managerial civil servants may be rotated within the system of agencies of the Communist Parly of Vietnam, the State and socio-political organizations.

– The Government shall issue specific-regulations on rotation of civil servants.

Regulations on Secondment of civil servants

– Agencies, organizations or units managing civil servants may second civil servants to work in other agencies, organizations or units to meet task requirements.

– The period of secondment is 3 years at most, except for a number of sectors and domains as stipulated by the Government.

– Seconded civil servants shall obey work assignment by agencies, organizations or units they are seconded to.

– Civil servants seconded to work in mountainous, border, island, deep-lying, remote, ethnic minority areas or areas with especially difficult socio-economic conditions are entitled to incentive policies as prescribed by law.

– Agencies, organizations or units managing seconded civil servants shall arrange appropriate jobs for these civil servants at the end of the secondment period.

– Secondment is not applicable to female civil servants who are pregnant or rearing under 36-month babies.

Training and retraining of civil servants in Vietnam
Training and retraining of civil servants in Vietnam

Resignation or relief of duty for civil servants

– Leading or managerial civil servants may resign or be relieved of duty in the following cases:

+ Being physically unfit;

+ Having insufficient capability and prestige;

+ Due to task requirements;

+ Other reasons.

– Leading or managerial civil servants who resign or are relieved of duty may be arranged jobs suitable to their trained specialized or professional qualifications, or retire or discontinue their jobs.

– Leading or managerial civil servants who seek for permission to resign or be relieved of duty shall, pending the approval of competent authorities, continue performing their tasks and exercising their powers.

– The competence, order and procedures for considering and deciding on resignation or relief of duty of leading or managerial civil servants comply with laws and regulations of competent agencies.

Purpose of civil servant evaluation

Civil servant evaluation aims to clearly determine the political qualities, ethics, specialized and professional capabilities and qualifications, and results of performance of assigned tasks. Evaluation results serve as a basis for arranging, employing, appointing, training, retraining, rewarding, disciplining and implementing policies towards civil servants.

Contents of civil servant evaluation

– Civil servants are evaluated based on the following:

+ Observance of the line and policies of the Party and laws of the State;

+ Political qualities, ethics, lifestyle and working style and manners;

+ Specialized or professional capabilities and qualifications;

+ Task performance progress and results;

+ Sense of responsibility and collaboration in work;

+ Attitude in serving the people.

– In addition to the contents provided in Clause 1 of this Article, leading and managerial civil servants shall be evaluated based on:

+ Results of operation of agencies, organizations or units they are assigned to lead and manage:

+ Leading and managerial capabilities;

+ Capability of mobilizing and uniting civil servants.

– Civil servants are evaluated annually, before appointment, planning, transfer, training and retraining and at the end of the period of rotation or secondment.

– The Government shall stipulate the order and procedures for civil servant evaluation.

Civil servant evaluation responsibility

– Heads of agencies, organizations or units employing civil servants shall evaluate civil servants under their management.

– Heads of agencies, organizations and units shall be evaluated by heads of immediately superior agencies or organizations.

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Frequently asked questions

Must the contents, program, forms and durations of civil servant training and retraining be based on criteria for leading and managerial titles?

The contents, program, forms and durations of civil servant training and retraining must be based on criteria for leading and managerial titles and posts, criteria for civil servant ranks and suitable to task requirements.

What do civil servant training and retraining include?

Civil servant training and retraining include:
+ Retraining based on civil servant rank criteria;
+ Training and retraining according to leading and managerial titles.

Must transferred civil servants meet specialized or professional requirements of new working positions?

Transferred civil servants must meet specialized or professional requirements of new working positions.

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