DECREE No 16 /2018/NĐ-CP

The Government- – – – – -	Socialist Republic of Vietnam Independence – Freedom – Happiness - – – – – – – – – – – – – – -
No. :    16 /2018/NĐ-CP	Hanoi, 29th  November  2018

 

DECREE

Amending and supplementing some provisions for the recruitment of civil servants and public employees, the upgrading of public employees, and application of contracts for certain jobs on in administrative agencies and public non – business units

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Pursuant to the Law on the Organization of the Government dated 19^th June 2015 ;

Pursuant to the Law on the Organization of local government dated 19^th June 2015 ;

Pursuant to the Law on Cadres and civil servants dated 13^th November 2008 ;

Pursuant to the Law on Public employees dated 15^th November 2010 ;

Pursuant to the Labor Code dated 16^th August 2012 ;

On the recommendation of the Minister of Home Affairs ;

The Government issues the Decree which amends and supplements some provisions for the recruitment of civil servants and public employees the upgrading of public employees, and application of contracts for certain jobs on in administrative agencies and public non – business units.

Article 1 : Amending and supplementing some provisions in Decree 24/2010/NĐ-CP dated 15^th March 2010 by the Government, which regulates the recruitment, employment and management of civil servants

1. Article 4 is amended and supplemented as follows :

“ Article 4. Requirements for the application for civil servants recruitment

1. The requirements for the application for civil servants recruitment comply with clause 1 Article 36 of the Law on Cadres and Civil servants. The civil servants employing agency shall define specific requirements for the vacant job as stipulated in paragraph g clause 1 Article 36 of the Law on Cadres and Civil servants, provided that such additional requirements are not in contravention of the law, any discrimination against any types of training, degrees and certificates, or among public and non-public institutions and shall report it to the civil servants managing agency for approval prior to recruitment.”
2. Article 5 is revised and supplemented as follows :

“ Article 5. Priorities in civil servants recruitment

1. The favored targets and additional marks as preferential treatment in the recruitment or selection of civil servants are provided as follows :
2. For Armed force heroes, Labor heroes, wounded soldiers, those who are entitled to preferential treatment as applied to wounded soldiers, and type – B wounded soldiers : 7.5 marks are added to their round – 2 exam results as preferential treatment ;
3. For members of ethnic minorities, army officers, police officers, professional military personnel, those who used to be cryptographic officials, martyrs’ children, wounded soldiers’ children, sick soldiers’ children, people whose parents are entitled to preferential treatment as applied to wounded soldiers, children of type – B wounded soldiers, people whose parents were revolutionary activists before the general insurrection (before August 19^th 1945), biological children of war activists being affected by chemical toxicants, children of Armed force heroes, children of Labor heroes : 5 marks are added to their round – 2 exam results as preferential treatment ;
4. For those who have fulfilled military service and termed police service, youth volunteers, intellectual youths who are voluntarily involved in rural and mountainous development for full 24 months or longer and have fulfilled their tasks : 2.5 marks are added to their round – 2 exam results as preferential treatment ;
5. In case the applicant for the recruitment or selection of civil servants is subject to more than one priority as stipulated in clause 1 of this Article, the highest priority marks shall be added to the round – 2 exam results as stipulated in clause 2, Article 8 and clause 2, Article 12 of this Decree.

3. Clause 2, Article 7 is amended and supplemented as follows :

“ Article 7. Civil Servant Recruitment Council

2. The Recruitment Council works collegially and decides in conformity to the will of the majority. In case the number of ayes equals the number of noes, the Council Chairperson shall have the final decision. The Recruitment Council has the following powers and duties :
3. Setting up supporting boards.

For examination : The Board for exam questions, the Invigilation Board, the Board for exam heading, the Marking Board, the Appeal Re-marking Board, and the Test Board are set up for round – 2 interview.

For selection : the Board for Inspecting applications for exam and the Test Board are set up for round – 2 interview.

1. Organizing for the collection and disbursement of recruitment service fees as stipulated ;
2. Organizing examination : Marking exam papers ; marking interviews (in case of interview in round – 2 exam); inspecting applications for exam in case of selection ;
3. Within 10 working days as from completion of exam papers marking, the Recruitment Council shall report to the head of the civil servants recruitment agency on the exam or selection results for consideration and decision to validate the exam or selection results.

đ. To handle complaints and denunciations in the course of organizing the recruitment exam or selection.

4. Articles 8, 9 and 10 are amended, supplemented, and incorporated into Article 8 as follows :

“ Article 8. Contents, forms and time duration of recruitment examination for civil servants

Recruitment examination for civil servants is conducted in 2 rounds as follows :

1. Round 1 : Multiple – choice exam is provided in a paper-based or computer-based manner. As the civil servants recruitment agency do not have conditions for computer-based multiple – choice exams, the paper-based exam is applied.
2. The Multiple – choice exam is composed of three parts :

Part I : General knowledge : 60 questions relevant to the political system, the organizational structure of the Party, State and socio-political organizations ; state administration; civil servants and civil service; guidelines of the Party and public policies, laws as relevant to the sectors and areas to which civil servants are recruited; responsibilities and tasks required for the vacant positions for which civil servants apply. Time duration : 60 minutes

Part II : 30 questions to test foreign language proficiency in one of the five languages : English, Russian, French, German, and Chinese, or other languages as required for the job positions and decided by the head of the civil servants recruitment agency. Time duration : 30 minutes. For jobs that require foreign language proficiency as specialist expertise, the applicant is not required to sit for the foreign language exam in round 1 as stipulated in this Article.

Part III : 30 questions on IT as required for applied job. Time duration : 30 minutes. For jobs that require IT as specialist expertise, the applicant is not required to sit for the IT test in round 1 as stipulated in this Article.

In case the head of the civil servants recruitment agency decides that the exam be provided in a computer-based manner, the multiple – choice exam shall not be composed of IT test.

1. Exemption from foreign language test (in round – 1 exam) applies to the following cases :

Having acquired graduate or post – graduate degrees majoring in foreign languages ;

Having acquired graduate or post – graduate degrees awarded overseas or graduate or post – graduate degrees awarded in Vietnam by institutions which deliver training in foreign languages.

Being a member of an ethnic minority or having acquired certificates of ethnic minority languages which are recognized by competent agencies. Exemption from foreign language test (in round – 1 exam) applies exclusively to cases in which the prospect civil servant works in ethnic minority regions.

1. Exemption from IT test (in round – 1 exam) applies to those who have high school degrees or higher in IT, informatics or informatics mathematics
2. The results of round – 1 exam are derived by calculating the right choices in each part as stipulated in paragraph a, clause 1 of this Article. If the right choices make up 50% of the number of the questions in each of the parts, the candidate shall proceed to round – 2 exam as stipulated in clause 2 of this Article.

đ. In case the civil servants recruitment agency decides that round – 1 exam be provided in a computer – based manner, the exam result must be delivered to the candidate immediately upon computer-based exam completion. Appeal for re – examination of round – 1 exam is not provided in this case.

1. In case the civil servants recruitment agency decides the exam shall be paper-based, the marking is as follows :

Within 15 working days as from completion of round – 1 exam, the marking of round – 1 exam papers must be fulfilled.

Within 05 working days from the date on which the marking of round – 1 exam papers is fulfilled, candidates must be made informed as to exam results and that the time limit for appeal acceptance is 10 working days as of results display on the web portal of the civil servants recruitment agency.

In case of appeal, within 15 working days from expiry of appeal acceptance, re-marking must be must be fulfilled and re-marked results must be made public and notice must be disseminated to candidates.

Based on the consideration of the actual condition of the re-marking process, the head of the recruitment agency decides to extend the time of the re-marking prescribed in this Clause but not longer than 15 days.

1. g) Within 05 working days since the completion of the round-1 exam marking prescribed in Clauses d, e of this Article, the head of the recruitment agency must convene candidates for round – 2 exam.

Within 15 days as from notice of round – 2 exam, round – 2 exam must be conducted.

2. Round 2 : Specialist expertise exam
3. Exam contents : Knowledge, capacity and skill of civil service performance to be acquired by candidates as required for the applied job.

          In the same exam, if applied jobs require different specialist expertise and skills, the civil servants recruitment agency shall organize for formulating different specialist questions to ensure the relevancy to job requirements.

1. Exam forms : Oral or written test

The head of the civil servants recruitment agency shall decide on either oral or written test in round – 2 exam.. In case of oral test, appeals for re-marking are not accepted.

1. Mark scale (as applied to interview or written test) : 100 points
2. Time allowed : maximum 30 minutes for interview and 180 minutes for written test.

          đ. Appeal for re-examination does not apply to interview. ”

5. Article 11 is amended and supplemented as follows :

      “Article 11. Defining successful candidates in the civil servants recruitment examination.

1. Candidates are defined as successful in the civil servants recruitment examination when they meet the following requirements :
2. Having scored, as stipulated in clause 2 Article 8 of this Decree, 50 points or more for round – 2 exam.
3. Having a higher aggregate score, which are the sum of round – 2 score plus preferential treatment marks as prescribed in Clause 1, Article 5 (if any), in a descending order based on the score list and quota for each of the job positions.
4. In case two candidates or more compete for the last quota left for the applied job and have an equal aggregate score, which are the sum of round – 2 score as stipulated in clause 2, Article 8 of this Decree plus preferential treatment marks as stipulated in clause 1, Article 5 of this Decree (if any), the candidate with higher round – 2 score is defined as successful; if no candidate is defined as successful yet, the head of the civil servants recruitment agency shall decide on the successful candidate.
5. Unsuccessful candidates are not allowed to reserve their results for the next recruitment exams. ”

6. Articles 12 and 13 are amended, supplemented and incorporated into Article 12 as follows :

      “ Article 12. Contents and forms of civil servants selection

      The selection of civil servants is conducted in 2 rounds as follows :

1. Round 1
2. Inspecting applicants’ eligibility and qualifications as required for the job registered in the application form. If the applicant is defined as relevant, he/ she can proceed to round 2 as stipulated in clause 2 of this Article.

         Within 05 working days after completion of the inspection of applicants’ eligibility and qualifications for the round 1, the head of the recruitment agency must inform the candidates of convening for round-2 interview.

          Within 15 days after the notice of convening for round-2 interview, the  round-2 exam shall be conducted.

2. Round 2
3. Interview is conducted to test the capacity and specialist expertise of the candidate.
4. Interview is scored on 100-point scale.
5. The interview time is 30 minutes.
6. Appeal for re-marking does not apply to the interview. ”

7. Article 14 is revised and supplemented as follows :

          “ Article 14. Defining successful candidates in the civil servants selection.

1. Candidates are defined as successful in the civil servants shall have all the followings:
2. 50 points or more for interview as stipulated in clause 2 Article 12 of this Decree;
3. Higher score as sum of the round-2 points and the preferential points as prescribed in Clause 1, Article 5 of this Decree (if any) identified in the descending order based on the score list and quota for each of the job positions.
4. In case two candidates compete for the last quota left for the applied job and have equal scores as sum of the point for the interview as stipulated in clause 2, Article 12 and the preferential points as points as prescribed in Clause 1, Article 5 of this Decree (if any), the head of the civil servants recruitment agency shall base his/ her definition of the successful candidate on the priority order as stipulated in clause 1, Article 5 of this Decree ; if no candidate is defined as successful yet, the head of the civil servants recruitment agency shall decide on the successful candidate.
5. Unsuccessful candidates are not allowed to reserve their results for the next selections. ”

 

8. Article 15 is amended and supplemented as follows :

“ Article 15. Recruitment publicity and acceptance of application form for civil servants recruitment

1. The the civil servants recruitment agency shall, at least once, announce publicly on the mass media and on web portals, and display in public at its headquarter the eligibility, conditions and quota for recruitment, and the time and place for acceptance of applications.
2. The applicant himself / herself file his / her recruitment application made according to the form prescribed in this Decree at the place for acceptance of applications, or he / she may dispatch it by post.
3. The time limit for acceptance of applications for recruitment is 30 days from the public announcement of recruitment on the mass media or on the web portals of the civil servants recruitment agency.
4. Within 05 working days up to the recruitment or selection date, the civil servants recruitment agency shall formulate a list of eligible candidates and publicly display it at its headquarter. ”

9. Article 16 is revised and supplemented as follows :

          “ Article 16. Organization for recruitment of civil servants

1. The head of the civil servants recruitment agency shall establish a Recruitment Council to conduct the recruitment. In case of no establishment of the Recruitment Council, the head of the civil servants recruitment agency shall assign the personnel section to organize the recruitment.
2. The Ministry of Home Affairs shall issue Regulation on the organization of examination and selection to recruit civil servants. ”

10. Article 17 is amended and supplemented as follows :

          “ Article 17. Announcement of recruitment results

1. Within 10 working days from receipt of the round-2 results from the Recruitment Council or in case the Recruitment Council is not set up, from the advisory personnel section, the civil servants recruitment agency shall publicly display the exam or selection results and the tentative list of successful candidates at its headquarter and on its web portal; disseminate written notice of exam or selection results to applicants according to their registered addresses.
2. Within 15 days from public display of round-2 exam results, the candidate may file written requests for re-examination of recruitment exam results in case the round – 2 exam as prescribed in clause 2, Article 8 of this Decree be in written form. The head of the civil servants recruitment agency shall organize a re-marking within 15 working days from expiry of the time limit for receipt of appeal for re-examination as specified in this clause.
3. Upon fulfillment of provisions as prescribed in clauses 1 and 2 this Article, the head of the civil servants recruitment agency shall report to the civil servants managing agency to validate the recruitment results and shall dispatch written notice of matriculation recognition to successful candidates according to their registered addresses. The notice should prescribe the time limit within which the successful candidate must appear at the agency to make available his / her original copies of degrees, certificates, study performance, and certification of favored person as required for the applied position as a procedure to finalize his/ her recruitment dossier and to receive recruitment decision.
4. In case the successful candidate fails to finalize his / her recruitment dossier as prescribed or commits any fraudulent acts on his / her application for recruitment, or in case the civil servants recruitment agency detects his / her use of undue degrees and certificates, the head of the civil servants recruitment agency shall issue a decision to void the matriculation result and report the case to the head of the civil servants managing agency ;

In case the successful candidate commits any fraudulent acts on his / her application for recruitment, or in case the civil servants recruitment agency detects his / her use of undue degrees and certificates, the civil servants recruitment agency shall disclose it on the mass media and the web portal of the agency and refuse to accept the respective application for the next recruitment.

5. The head of the civil servants recruitment agency shall decide to recognize as successful the lower recruitment result which is next to the void recruitment result as prescribed in clause 4 of this Article. He / she may also do so in case the civil servants recruitment agency, in the same year, has emerging demand to fill a position that requires the same specialist expertise as that registered by the applicant.

In case 02 candidates or more have equal recruitment results which are lower and next to the void recruitment result, the head of the civil servants recruitment agency shall decide upon the successful candidate as prescribed in clause 2 Article 11 of this Decree (in case of recruitment exam) or clause 2 Article 14 of this Decree (in case of recruitment selection). ”

11. Article 19 is amended and supplemented as follows :

“ Article 19. Special cases in the recruitment of civil servants

1. Based on the criteria for application for civil servants recruitment as prescribed in clause 1 Article 36 of the Law on Cadres and civil servants and based on requirements for the vacant position, the head of the civil servants managing agency may consider non-exam admission for the following cases :
2. Those who have served for minimum 5 years in positions that require university degrees or higher, satisfactorily meet requirements for the respective position, and are covered by compulsory social security (exclusive of probation and trial period. Sporadic insured durations are accumulated provided that they have not received a lump – sum social insurance benefit), include :

Public employees in public non-business units;

Pay-rolled personnel in the armed forces (army and police) and cryptographic official ;

Those who hold managerial and leadership positions in single-member limited liability companies where charter capital is 100% held by the state or those who hold managerial positions and act as representative of the state in single-member limited liability companies where more than 50% of charter capital is held by the state.

1. Those who used to be civil servants and then move to work in public non-business organizations, the armed forces, cryptography agencies, socio – political and occupational organizations, social organizations, socio – occupational organizations, or those who hold managerial and leadership positions in single-member limited liability companies where charter capital is 100% held by the state or those who hold managerial positions and act as representative of the state in single-member limited liability companies where more than 50% of charter capital is held by the state.
2. Procedures for non-exam admission of civil servants :
3. a. For admission of civil servants as prescribed in paragraph a clause 1 of this Article, the head of the civil servants managing agency shall establish the Test and Examining Council. The Test and Examining Council is made up of 05 or 07 members, including :

- Chairperson of the Council, who is the head or one of his / her deputies of the civil servants managing agency ;

- Deputy Chairperson of the Council, who is the head of the advisory section for organization & personnel of the civil servants managing agency ;

- A member concurrently the Secretary of the Council, who is the civil servant of the advisory section for organization & personnel of the civil servants managing agency ;

- Other members who represent functional and specialist sections that are relevant to the vacant positions subject to recruitment. These memberships are decided upon by the head of the civil servants managing agency.

1. b) Powers and duties of the Test and Examining Council :

- To inspect the eligibility, standards, qualifications and degrees of the candidates to be admitted as required by the vacant positions ;

- To test the general knowledge and specialist knowledge and skills of the applicant for admission. Prior to testing, the Test and Examining Council, based on the requirements by the vacant working positions, shall report the forms and contents of the test to the head of the civil servants managing agency for consideration and decision ;

- The Test and Examining Council shall work collegially and decide in conformity to the will of the majority. In case the number of ayes equals the number of noes, the Council Chairperson shall have the final decision. The Test and Examining Council automatically dissolves upon completion of the task.

1. With respect to admission of civil servants in cases prescribed in paragraph b clause 1 of this Article, the head of the civil servants managing agency shall not set up the Test and Examining Council.
2. With respect to admission of civil servants as prescribed in clause 1 of this Article into departmental – level managerial and leadership positions or higher, the procedures of non – exam admission as prescribed in clause 2 this Article are performed concurrently with the procedures of appointing managerial and leadership civil servants. The civil servant management agency shall not issue the decision on non-exam admission recruitment of admission and the appointment is concurrently the decision of civil servants recruitment.
3. If a person recruited to be a civil servant under this Decree is placed to a job relevant to his / her training discipline or previous profession, then his / her compulsorily insured working duration before his / her recruitment or admission will be used as a basis for placement of wage title and wage grade relevant to the working position to which he / she is recruited. (Sporadic insured durations are accumulated provided that he / she has not received a lump – sum social insurance benefit.) ”.