CIRCULAR

GUIDING THE IMPLEMENTATION OF DECREE No. 95/1998/ND-CP OF THE GOVERNMENT ON THE RECRUITMENT, EMPLOYMENT AND MANAGEMENT OF PUBLIC EMPLOYEES

In furtherance of Decree No. 95/1998/ND-CP of November 17, 1998 of the Government on the recruitment, employment and management of public employees (Decree No. 95/1998/ND-CP for short), the Government Commission for Organization and Personnel provides the following guidance for implementation:

I. GENERAL PROVISIONS

1. Each year the agency employing public employees shall work out the recruitment plan and send it to the competent agency managing public employees as stipulated in Article 32 and Article 35 of Decree No. 95/1998/ND-CP for examination and ratification according to the assigned payroll quota.

2. On recruitment conditions:

2.1. Applicants for recruitment must meet all the conditions provided for in Article 6 of Decree No. 95/1998/ND-CP of the Government.

2.2. On personal history: The curriculum vitae must be certified by the People’s Committee of the commune, ward or township of residence of the applicant or by the agency or organization where he/she works or studies.

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2.4. The certificate of fitness to work issued by the competent medical agency (district hospital and higher).

3. On classification of public employees:

3.1. Public employees of category A are persons with specialization training level from university upward. Persons with college standard recruited after December 2, 1998 shall not be assigned to the specialist category 01.003 and other classes requiring university education but only to public employee class category B.

3.2. Public employees of category D are persons with specialized training under the primary level and recruited into the payrolls before the promulgation of Decree No. 25/CP of May 23, 1993 of the Government providing for the provisional regime of new wages of officials and public employees of administrative and non-business branches and the armed forces. Persons with training below the primary level recruited after May 23, 1993 to do the jobs of: non- specialized worker, car driver, guard of administrative and non-business agencies working under contract within the payroll quota and regulated by the Labor Code. In special cases at a number of agencies when the need arises to recruit public employees of category D, there must be written approval of the Commission for Organization and Personnel of the Government.

II. RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES

Section 1. CONDITIONS FOR RECRUITMENT EXAMINATIONS

1. On age for recruitment examinations: The general stipulation is from full 18 to 40 years for men, and from full 18 to 35 years for women. For entrants who have been officers in the armed forces (army and people’s security forces), employees in State enterprises, secretary of Party committee, president of People’s Committee, vice president of People’s Committee of commune, ward or township, the entrance age may be higher but must not exceed 45 years for men and 40 for women,

2. On nationality: The person recruited as public employee must bear only the Vietnamese nationality (under the principle of single nationality stipulated in Article 3 of the Vietnam Nationality Law of June 1st, 1998).

3. For persons who are working in State enterprises or in the armed forces when transferred to the administrative and non-business sector, the following shall be complied with:

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3.2. The agency employing public employees shall have to set up an inspection and examination council as stipulated in Article 27 of Decree No. 95/1998/ND-CP and propose to the Organization and Personnel Department (for the ministries and central branches) or the Administration Organization Commission (for the provinces and cities directly under the Central Government) to fill procedures of admission. After the Organization and Personnel Department and the Administration Organization Commission have given their written evaluation, the heads of the following competent agencies shall issue the decision of admission and assignment to the various classes:

a/ The ministers, the heads of ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the People’s Committees of provinces and cities directly under the Central Government shall appoint the class of principal specialists and equivalents.

b/ The heads of general departments, departments, institutes, schools... directly attached to the ministries; the directors of services, commissions, branches, schools attached to the provinces; the presidents of the People’s Committees of districts, towns and cities attached to the province shall decide the appointment of the specialists class and equivalents down.

Section 2. ORGANIZATION OF RECRUITMENT EXAMINATIONS

1. The organization of recruitment examinations for public employees shall comply with the regulation issued in Decision No. 466/1998/QD-TCCP-BCTL of September 5, 1998 of the Minister-Head of the Commission for Organization and Personnel of the Government.

2. 30 days before the examinations, the agency shall absolutely have to publicly notify on the mass media or post up the notice at public places so that everybody can know and register for the examinations.

The notice shall specify: the conditions and criteria for registering for the examinations, the number to be recruited, the time for registration, the time for guiding the contents of the examinations, the time for attending the examinations, the place of the examinations, the examinations fee, the telephone number for questions and answers...

From now on, an end is put to the signing of contracts of provisional recruitment to work at public employee classes from category C upward. The competent agencies shall also have to organize recruitment as stipulated in this Circular for persons who have signed contracts with the agencies prior to December 2, 1998.

3. Participants in the examinations shall have to go through two compulsory parts:

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- Oral tests (or oral practice).

4. 25 days at the latest after the examinations, the recruitment examinations council must report the results to the minister, the heads of ministerial level agency, agency attached to the Government, the president of the provincial People’s Committee for examinations and decision recognizing the results of the examinations. Within 30 days at the latest after completion of the test, the recruitment examinations council must announce the result of the examinations and the passes at the office of the recruitment examinations agency and send notices to the participants in the examinations. The successful candidate must be one with a number of marks in each part from five upward on a ten-mark scale among entrants with the total highest mark down to the lowest on the list allowed by the payroll quota.

5. Objects of preferences in recruitment examinations:

5.1. Members of ethnic minorities, graduates of specialization training schools with "excellent" rating or war invalids shall have a mark added to their overall result in the examinations.

5.2. Volunteers to work in highlands, deep-lying, remote areas, offshore islands, and children of fallen heroes shall have two marks added to their overall result in the examinations.

5.3. Labor heroes and heroines, heroes and heroines of the armed forces shall have 3 marks added to their overall result in the examinations.

6. Within 15 days after the result of the examinations is announced, if the participant sends an application for revision of the test, the examinations council shall have to organize the revision of the exercise or exercises and reply to the concerned person. After this prescribed time-limit, all applications for revision and all complaints (if any) shall not be taken into consideration.

The test revision commission shall be set up by decision of the Chairman of the Examinations Council after the results of the examinations are announced.

7. When recruiting public employees for work in the highlands, deep-lying and remote areas or offshore islands and after publishing notices on the mass media, if due to too difficult conditions in these areas nobody applies for the recruitment examinations, the president of the provincial People’s Committee shall send a written proposal to the Commission for Organization and Personnel of the Government for consideration so that a separate provision may be adopted.

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1. 40 days at the latest after the recruitment decision is issued the ministries, ministerial-level agencies, agencies attached to the Government and the People’s Committees of the provinces and cities directly under the Central Government shall make a report to the Commission for Organization and Personnel of the Government on the results of the examinations, the list of class assignments, wage levels of the recruited for monitoring.

2. In case the person to whom the recruitment decision is sent cannot accept the job on schedule as stipulated in Article 15 of Decree No. 95/1998/ND-CP for plausible reason, he /she must send an application for extension of the job acceptance time limit which must be accepted by the agency employing public employees. The extension must not exceed one month.

3. For persons who are working on contracts, if they do not meet the requirements for recruitment after sitting for the examinations, the contracts shall be terminated.

Section 4. ON APPRENTICESHIP AND ASSIGNMENT

1. Apprenticeship regime is intended to help the new recruit into the payroll acquaint himself/herself with the working ambience, learn to do jobs of the public employee class to which he/she shall be assigned, through which to supplement necessary knowledge for the profession, improve his/her specialized skill, ability to write and compile documents, train in the public employee style of work and discipline. As the link between the knowledge for which he/she is trained and reality it shall make the recruit aware of his/her duty and responsibility as a public employee in order to officially assume his/her job and accomplish it well.

2. The apprentice shall have to learn and try to accomplish the following questions in the apprenticeship period:

2.1. To learn the duty of public employees stipulated in Article 6 of the Ordinance on officials and public employees.

2.2. To learn and systematically understand the organizational structure, function and task of the branch (for public employees of category A) and of the agency where he/she is recruited to work.

2.3. To learn the internal regulations and working regulations of the agency; the regime of responsibility in the job to which he/she shall be assigned.

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2.5. To learn the regimes, policies and regulations related to the work of the agency in which he/she is working.

2.6. To learn the way of conversing.

2.7. To learn to practice, to solve and carry out the jobs of the public employee class to which he/she shall be assigned and the other jobs to which he/she shall be assigned.

2.8. To practice on the computer on compiling a document (for public employees of category A).

3. The duration of apprenticeship for recruits within the payroll quota shall comply with Article 16 of Decree No.95/1998/ND-CP of the Government.

A number of special cases:

a/ For persons of university level and higher who volunteer and are recruited to the classes requiring secondary or college education, the term of apprenticeship is 6 months.

b/ Persons of secondary education level who volunteer and are recruited into classes requiring primary education, the term of apprenticeship is 3 months.

For the above cases, if later the agency needs working positions of a higher class compatible with their capacity and specialization training, they must go through class upgrading examinations as prescribed and the candidate must have at least 6 years of service at the class he/she is recruited for.

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4.1. For persons on working contracts who have paid social insurance premium and who up to December 2,1998 have an apprenticeship time longer than that stipulated in Decision No. 256/TTg of July 15, 1975 of the Prime Minister, who are rated by the agency employing public employees according to provisions of Decree No. 95/1998/ND-CP, as up to requirement and are assigned to the class, the time in excess of the prescribed times for apprenticeship shall be accounted for in order to upgrade their wage level as currently prescribed by the State.

Example: Mr. Pham Xuan K works on contract at public employee class category A had 28 months of service under contract from August 2, 1996 to December 2, 1998. After he participates and successfully passes the examination, the agency employing public employees shall set up the evaluation council as stipulated in Article 19 of Decree No. 95/1998/ND-CP of the Government, if he is rated up to requirement and is assigned to the class, he shall enjoy grade 1 of the class and the date to calculate his raise of wage for the next time shall be August 2, 1998.

4.2. For persons who upon contracting to work had paid social insurance premium, and up to December 2, 1998 thus still falling short of the apprenticeship term stipulated in Decision No. 256/TTg of July 15, 1975 of the Prime Minister but having achieved or exceeded the apprenticeship term stipulated at Decree No. 95/1998/ND-CP, the agency employing public employees shall make an evaluation as stipulated in Article 19 of Decree 95/1998/ND-CP. If the apprentice meets the requirements, he/she shall be appointed to the class. The apprenticeship time beyond the term stipulated in Decree No. 95/1998/ND-CP shall not be included in the time for considering the next wage raise.

Example: Mrs. Le Thi B works on contract at public employee class category A from September 1, 1997 to December 2, 1998 or 15 months. After her successful examinations, the agency employing public employees set up the evaluation council as stipulated in Article 19 of Decree No.95/1998/ND-CP of the Government. She meets the requirements and is assigned to the class where she receives grade 1 of the wage scale of this branch and the time to consider for her next wage lift is December 2,1998.

5. During the apprenticeship of the recruit, the agency managing and employing public employees must create conditions and adopt plans to organize courses to equip the apprentice with the necessary knowledge to complete his/her certificates as required by the class.

The apprentice shall have to take part in all courses and get all required certificates at the end of the apprentice term.

6. Apprentice guide:

6.1. The head of the agency managing and employing public employees must issue a written decision to appoint a guide for the apprentice. Each apprentice shall have one guide. If the apprentice has no guide or if a guide has been appointed but there is still no decision to that effect, the agency shall have to issue a decision to appoint the guide for the apprentice.

6.2. The guide for apprentices must be a capable person with a firm specialized and professional standard, enjoy prestige in the unit and have at least six years of service in the class.

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7. Upon the completion of the apprenticeship term, the apprentice must make a self-valuation report with the following contents:

a/ Ethical norms.

b/ Capacity, standard and result of work during the apprenticeship.

c/ Sense of organization and discipline, observance of internal regulation and working rule of the agency.

d/ Observance of the undertaking, policy and line of the Party and State.

The guide for apprentice must make a written evaluation and remark of the result of the apprenticeship and submit it to the agency managing and employing public employees and must take responsibility for his/her evaluation.

8. Ten days at the latest after receiving the evaluation report on the result of the apprenticeship, the head of the competent agency shall issue the following decision:

8.1. If the apprentice meets the requirements, he/she shall be appointed to the class and receive the wages of grade 1 of the class to which he/she is appointed.

8.2. If the apprentice is not up to requirement, the head must issue a decision to end the effect of the recruitment decision and carry out the stipulations of Article 21 of Decree 95/1998/ND-CP.

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1. The upgrading of class for public employees must be effected through an examination as prescribed. All decisions on class upgrading without examinations shall be invalid.

2. The ministries and branches managing the classes according to specialized branches stipulated in Article 33 of Decree No. 95/1998/ND-CP shall work out the contents of the class upgrading examinations and shall agree with the Commission for Organization and Personnel of the Government so that the ministries, branches and localities can put it into practice on June 30, 1999 at the latest.

3. Each year, the ministries, branches and localities shall work out according to their competence the plans for class upgrading examinations and send them to the Commission for Organization and Personnel of the Government with a view to the unification of opinions and criteria on the candidacy to the examinations. The plan sent to the Commission for Organization and Personnel of the Government shall include:

a/ Existing structure of public employee class at the specialized branches in each unit and agency managed by the ministries, branches and provinces.

b/ Projected criteria for examinations in the year for each class.

c/ Documents to cater for the organization of the class upgrading examinations.

d/ Projected jury (list, class, diplomas and scientific titles)

e/ If the examinations to upgrade from specialist class to principal specialist class are organized by the ministries, ministerial-level agencies and agencies attached to the Government, at least 4/5 of the members of the jury must be teachers of the National Administrative Institute.

If the examinations are held to raise a class to its equivalent such as from doctor to principal doctor, post graduate to principal post graduate... on the basis of the guidance of the ministries, the branches managing classes shall, according to the specialized branches stipulated in Article 33 of Decree No. 95/1998/ND-CP the Commission for Organization and Personnel of the Government, reach agreement with the ministries and branches on the jury of each examination.

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g/ Projected composition of the examination council...

4. On the organization of the examination:

4.1. For the provinces and cities directly under the Central Government, the examination to upgrade the class of specialists to principal specialists and equivalent shall be organized by the Commission for Organization and Personnel of the Government or in coordination with the ministries and branches at the central level once a year on the basis of the structure of classes and the practical requirements of the localities.

4.2. In the ministries and ministerial-level agencies or agencies attached to the Government which do not have the conditions to organize the examinations or in which the number of applicants is too few, they may register with the Commission for Organization and Personnel of the Government to organize a common examination.

4.3. The Commission for Organization and Personnel of the Government shall organize the class upgrading examination from principal specialists to high ranking specialists and equivalent.

4.4. Within 30 days after the completion of the examination, the Examination Council shall have to report on the result of the examination to the ministers, the heads of ministerial-level agencies, the heads of agencies attached to the Government and the Provincial People’s Committees for consideration and decision of recognition. 40 days at the latest after the completion of the examination, the Examination Council has to announce the result of the examination and inform the examinees thereof.

4.5. Within 20 days after announcement of the examination result, if the examinee sends in an application for revision, the Examination Council shall have to organize the revision of the tests and reply to the concerned person. Past this time-limit, all applications for revision and all complaints shall not be taken into consideration.

4.6. For the class upgrading examinations in which foreign languages are not yet a required subject, the successful entrants are those having achieved five marks upward on the ten-mark scale and a minimum total of 16 marks (in which the written subjects have a coefficient of 2 and the oral subjects have a coefficient of 1). For the classes in which foreign languages are compulsory, the minimum total of marks is 21 (in which the written subjects have a coefficient of 2, and the oral and foreign languages subjects have a coefficient of 1).

4.7. The rating of the result of the examination is stipulated as follows:

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- Good: 21 to under 27 marks.

- Excellent: 27 marks and above.

For the tests in which foreign languages are compulsory:

- Average: 21 to under 28 marks.

- Good: 28 to under 36 marks.

- Excellent: 36 marks and above.

5. Within 15 days after the competent agency recognizes the result of the examination, the examination organizing agency shall send the report to the Commission for Organization and Personnel of the Government and the list of the successful candidates and assign them to the new classes of wage under the guidance of the Commission for Organization and Personnel of the Government for monitoring.

6. The transfer of public employees from one class of specialization to another shall comply with the stipulations in Article 27 of Decree No. 95/1998/ND-CP.

7. Persons who are not yet on the State payroll and receiving wages from the State budget when released from their elected posts shall attend recruitment tests as generally prescribed if they wish to work at administrative and non-business agencies.

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1. The transfer of public employees shall be effected only when there still is place in the payroll quota of the receiving agency.

2. The transferred public employee shall have his/her class of public employee rearranged if he/she is moved to a new content of the job. The agency managing and employing the public employee shall base itself on the newly assigned job and professional criteria of the public employees to rearrange his/her grade and assign him/her to a wage coefficient equivalent to the coefficient in the former grade.

3. A public employee after discharging his/her military service duty shall be given a job by the former agency or organization, the time of his/her military service shall be accounted for when a rise of wage level is considered according to the common stipulation of the State. In case of dissolution or merger of the former agency or organization, the agency which has decided such dissolution or merger shall have to resolve his/her case.

4. Public employees who receive special assignment under Article 29 of Decree No. 95/1998/ND-CP shall retain their old grade, position allowances (if any) and a number of other regimes depending on the budget capacity of the locality.

5. For public employees receiving special assignments to associations which have payroll quotas assigned by the competent State agency, the common regulations concerning public employees shall apply.

III. MANAGEMENT OF PUBLIC EMPLOYEES

1. The ministries, ministerial-level agencies and agencies attached to the Government need to revise the titles and professional criteria of the classes of public employees according to the specialized services, propose amendments or supplements or new stipulations and send them to the Commission for Organization and Personnel of the Government for consideration and decision.

2. The ministries, ministerial-level agencies and agencies attached to the Government which are entrusted by the Government to manage the public employee classes according to specialized services stipulated in Article 33 of Decree No. 95/1998/ND-CP shall have to organize the implementation of the contents stipulated in Article 34 of Decree No. 95/1998/ND-CP after consulting and getting the consent of the Commission for Organization and Personnel of the Government in order to guide the ministries, branches and localities in the implementation.

3. The assignment of competence in deciding the recruitment (after the applicant passes the recruitment test), the assignment to a class and the annual wage level raise at the ministries and ministerial-level agencies is stipulated as follows:

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For agencies of ministries and branches, the Department for Organization and Personal shall report to the ministry’s leadership to consider and decide or the ministry leadership shall authorize the Head of the Department for Organization and Personnel to decide.

3.2. The agency that recruits public employees shall have to appoint guides for apprentices.

For the persons recruited into general departments, departments, institutes, schools attached to the ministries and rated up to requirement, after completion of their apprenticeship, the head of general department, department, institute and school attached to the Ministries shall sign the decision appointing them to the recruited class; if they are not up to requirement, he shall issue the decision to end the effect of the recruitment decision. He then shall send the list to the Organization and Personnel Department (attached with the decision for each person).

For persons recruited into agencies of ministries and branches, if rated up to requirement, the Head of the Organization and Personnel Department shall issue the decision to appoint them to the set class. If not, the Organization and Personnel Department Head shall issue a decision to terminate the effect of the recruitment decision.

3.3. On annual raises of wage level:

3.3.1. The head of general department, department, institute, and director of the schools attached to the Ministry shall base himself on the guidance of the State, set up the list of eligibles for annual wage lift in the class of specialists and equivalent downward and send it to the Department for Organization and Personnel. After getting the written approval of the Department for Organization and Personnel, the head of general department, department, institute and director shall issue a decision to raise the annual wage level and send the decision to the Department for Organization and Personnel for monitoring...

The head of the Department for Organization and Personnel shall decide to raise the annual wage levels of public employees in the specialist class and equivalent downward at the agencies of ministries and branches.

3.3.2. For public employees in the principal specialist class and equivalent, the Department for Organization and Personnel shall draw up the list and submit it to the ministers and heads of ministerial level agencies and agencies attached to the Government for decision.

3.3.3. For public employees of high-ranking and equivalent, the ministers, heads of ministerial-level agencies, and agencies attached to the Government shall propose to the Minister-Head of the Commission for Organization and Personnel of the Government for decision.

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4.1. For public employees of the class of specialists and equivalent down, the Administration Organization Commission shall issue the decision of recruitment and distribution to the agencies and organizations in the province.

4.2. The agency having recruits shall have to appoint guides for apprenticeship.

Persons recruited into units and organizations in the province, at the end of their apprenticeship, if rated up to requirement, the head of the service, commission, branch, school, district, town and city attached to the province shall sign the decision of assignment to the class. If not, he/she shall issue the decision to terminate the effect of the recruitment decision and report the list to the Administration Organization Commission (attached with the decision for each person) for monitoring. The Administration Organization Commission shall integrate the reports and send it to the Commission for Organization and Personnel of the Government on June 15 and December 15 each year.

4.3. On the annual wage raises:

4.3.1. The head of the services, committees, branches, schools, districts, towns and cities attached to the province shall base themselves on the guidance of the State, draw up the list of annual eligibles for wage raise for the class of specialists and equivalent down and send it to the Administration Organization Commission of the province. After consulting and getting the written approval of the said commission, the heads of the above-mentioned agencies and organizations shall issue the decision to raise the annual wage level and send the decision for each person to the Administration Organization Commission for monitoring.

4.3.2. For public employees of class of principal specialists and equivalent, the administration organization commission shall draw up the list and submit it to the leadership of the provincial People’s Committee for decision.

4.3.3. For public employees of high ranking class and equivalent, the head of the Administration Organization Commission shall draw up the list and submit it to the president of the Provincial People’s Committee so that the latter may propose to the Minister-Head of the Commission for Organization and Personnel of the Government to issue the decision.

5. The ministries, branches and localities shall have to organize serious implementation of the annual evaluation of public employees according to the Regulations issued together with Decision No.11/1998/QD-TCCP-CCVC of December 5, 1998 of the Minister-Head of the Commission for Organization and Personnel of the Government as basis for the planning and concrete plans to build the contingent of public employees and train and foster it.

6. The agency managing public employees according to the competence assigned by the allocation of responsibilities shall have to draw up, manage and keep the dossiers of public employees. The dossier comprises:

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- The diplomas and certificates of training and fostering (copies).

- The decisions of award, discipline, wage raise and class upgrading.

- The annual bills of evaluation of public employees.

- The update of other dossiers arising in the process of work and changes in the curriculum vitae.

- Documents of inspection, verification and conclusion of the competent agencies related to the origin at birth and process of work, awards and disciplines as well as the explanations...

- The self criticisms, the replies to complaints and protests, the enumeration of achievements related to awards or documents on settlement of complaints and denunciations and discipline against public employees.

IV. ORGANIZATION OF IMPLEMENTATION

1. The ministers, the heads of ministerial-level agencies, the heads of agencies attached to the Government, the presidents of the People’s Committees of provinces and cities directly under the Central Government shall have to implement this Circular.

2. This Circular replaces Circular No. 32/TCCP-BCTL of January 20, 1996 of the Commission for Organization and Personnel of the Government on guidance to the contents and forms of recruitment examinations into the classes of public employees and public servants and Official Dispatch No.498/CB-TCCP of October 19, 1993 of the Commission for Organization and Personnel of the Government on the provisional assignment of competence for decision on the wages of public employees and public servants.

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4. In the process of implementation, if any difficulty arises, the ministries, branches and localities shall report to the Commission for Organization and Personnel of the Government for study and settlement.

THE GOVERNMENT COMMISSION FOR ORGANIZATION AND PERSONNEL
MINISTER-HEAD




Do Quang Trung