DECREE

AMENDMENTS TO CERTAIN ARTICLES OF THE DECREE NO. 170/2025/ND-CP DATED JUNE 30, 2025 ON RECRUITMENT, EMPLOYMENT, AND MANAGEMENT OF CIVIL SERVANTS

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to Law on Cadres and Civil Servants No. 80/2025/QH15;

At the request of the Minister of Home Affairs of Vietnam;

The Government of Vietnam hereby promulgates the Decree on amendments to certain Articles of the Decree No. 170/2025/ND-CP dated June 30, 2025 on recruitment, employment, and management of civil servants.

Article 1. Amendments to point c Clause 1 Article 6

“c) Persons completing military service, people’s public security service; defense workers and employees who have quit their jobs while still within working age; persons serving as youth volunteers or young intellectuals who volunteered to work in military-economic zones after completing their tasks in participating projects  shall be awarded 2,5 points to the professional specialty score in exams or selection.”.

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“d) The maximum time allowed for the preparation and presentation of the Scheme for each candidate shall be decided by the head of the recruiting agency, based on the requirements and characteristics of the job positions, provided that the total preparation and defense time does not exceed 90 minutes.”.

Article 3. Amendments to Article 13

“Article 13. Candidates, standards, conditions, and dossiers on acceptance into civil service

1. Based on personnel source utilization needs to immediately meet work requirements, the head of the agency that has the recruitment authority shall consider accepting the following candidates into the civil service:

a) Experts, scientists, jurists, excellent lawyers, and exemplary and outstanding businessmen working at agencies, organizations, and units outside the public sector as prescribed by talent attraction policies;

b) Public employees;

c) People receiving salaries in the People’s Army, People’s Public Security Force, and cipher organizations who are not civil servants;

d) Persons holding management or leadership positions and titles from the division level or higher in wholly state-owned enterprises or state-owned enterprises in which the State holds at least 50% of the charter capital or voting shares;

dd) Former cadres or civil servants who have been transferred to non-civil servant/cadre positions at other agencies or organizations by competent authorities;

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g) Members of the pilot projects on the selection of young intellectuals to volunteer to participate in the development of rural areas and mountainous areas in communes during 2013-2020, who continue to sign labor contracts to work at communes.

2. Acceptance standards and conditions:

Based on the civil servant proportion required for each job position in agencies employing civil servants, the assigned staff positions, and requirements of the job positions to be filled, the head of recruiting agency/head of managing agency shall assess and accept a candidate into the civil service for the cases prescribed in Clause 1 of this Article if:

a) He/she meets the conditions for registering participation in civil servant recruitment prescribed in Clause 1 Article 19 of the Law on Cadres and Civil Servants;

b) He/she does not fall under any cases prescribed in Clause 3 Article 19 of the Law on Cadres and Civil Servants or cases of persons under disciplinary actions or implementing disciplinary regulations as prescribed by the regulations of the CPV and the law;

c) For cases prescribed in point a Clause 1 hereof, he/she must possess scientific results, products, works, initiatives, or solutions that have been applied in practice and yielded clear effectiveness, and immediately meet the requirements of the expected job position; he/she is a reputable individual recognized by the scientific community or specialized management agencies;

d) For cases prescribed in points b, c, d, e, and g, Clause 1 hereof, he/she must have at least 05 years of  working experience in performing tasks requiring professional and technical qualifications suitable for the expected job position.

The working experience specified in this point refers to continuous working time prior to acceptance in a job requiring suitable professional and technical qualifications (excluding probation periods, if any), with compulsory social insurance contributions and salary classification corresponding to the expected job position. For cases specified in point d and point g, Clause 1 hereof, corresponding salary classification is not required.

The working experience in job positions specified in points b, c, d, dd, e, and g, Clause 1 hereof or in commune-level cadre/civil servant job positions the Law on Cadres and Civil Servants No. 22/2008/QH12 (amended and supplemented by Law No. 52/2019/QH14) shall be aggregated, provided that the requirements in this point are met.

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dd) For cases specified in point dd Clause 1 hereof, he/she must possess a written decision from a competent authority on his/her transfer to work at another agency/organization/unit in accordance with task requirements and is not required to satisfy the 05-year working experience requirement specified in Point d of this Clause.

3. The dossier of an individual recommended for acceptance into the civil service includes:

a) Personal curriculum vitae self-declared by the candidate; the candidate shall be held accountable for the accuracy of its content;

b) Copies for diplomas, certificates, and other papers according to the requirements of the concerned job position;

c) Written self-assessment on the political qualities, ethics, professional qualifications/capacities, and work history as required by the accepting agency;

d) Criminal records;

Where the components of the acceptance dossier prescribed in this Clause have been stored in national databases on cadres, civil servants, and public employees, or are extracted from the national database on cadres, civil servants, and public employees, or from other specialized databases, they may substitute for the corresponding physical copies.”.

Article 4. Amendments to Article 14

“Article 14. Acceptance procedures

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2. The head of the recruiting agency shall decide on acceptance procedures according to their authority.

3. Regarding acceptance into management or leadership positions, comply with the appointment procedures for external personnel. Appointment decisions shall also be decisions on acceptance into the civil service.

Where the recruiting agency is a superior agency of the appointment agency, the appointment agency shall submit reports and obtain approval for the acceptance from the recruiting agency before issuing the appointment decision.”.

Article 5. Amendments to Article 18

“Article 18. Completion of recruitment dossiers

1. Within 15 days from the date the list of successful candidates is published on the recruiting agency’s website or web portal, a successful candidate shall complete and submit his/her recruitment dossier to the recruiting agency. A recruitment dossier includes:

a) Copies of diplomas or certificates (excluding informatics and foreign language certificates) as required by the recruiting agency in the recruitment notice;

b) Copies of the priority certificate or copies of documents proving priority (if any).

2. The recruiting agency shall quest the competent authority prescribed by the law on judicial records to issue criminal records for successful candidates.

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Applicants who commit fraud in declaring the application form or use diplomas or certificates contrary to regulations to participate in the recruitment shall not have their application forms accepted for the subsequent recruitment session.

4. The recruiting authority may consider deciding to recruit candidates whose recruitment results immediately below (in order) that of the candidate whose recruitment results were canceled under Clause 3 of this Article.

Where the recruiting authority recruits candidates whose recruitment results immediately below (in order) that of the candidate whose recruitment results were canceled, the recruiting agency shall, within 05 working days from the date of disclosure of list of candidates whose successful results are canceled, publish the list of candidates whose recruitment results immediately below (in order) that of the candidate whose recruitment results were canceled on its website or web portal and send such notice to them to complete and submit their recruitment dossiers.

Where 2 or more candidates have equal results, the head of the recruiting agency  shall decide on the successful candidate in accordance with Clause 2 Article 10 of this Decree (in case of organizing an entrance exam) or Clause 2 Article 12 of this Decree (in case of recruitment by selection).”.

Article 6. Amendments to Article 19

“Article 19. Recruitment decision and job commencement

1. No later than 03 working days from the end of the deadline for completing recruitment dossiers as prescribed in Clause 1 Article 18 of this Decree, the head of the recruiting agency shall issue recruitment decisions and send notices to successful candidates. A recruitment decision consists of the recruitment, arrangement of job positions, and assignment of pay grades corresponding to the job positions to be filled.

2. Within  15 working days of receiving a recruitment notice, the recruited person must report for duty unless the decision specifies a different timeline or an extension is approved by the recruiting agency.

3. If the recruited person fails to report for duty within the period prescribed in Clause 2 of this Article, the recruitment decision shall automatically cease to be effective, unless otherwise approved by the head of the recruiting agency. The civil servant-employing agency shall report to the recruiting agency to execute the provisions of Clause 3 and Clause 4, Article 18 of this Decree.”.

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“Article 20. Salary classification for persons recruited into civil service

1. A person recruited or accepted into a job position belonging to a specific civil servant rank, shall be entitled to the starting pay grade of that rank, except for the cases specified in Clause 2 and Clause 3 of this Article.

2. Where a person recruited into the civil service has prior working experience, as prescribed by the law, relevant to the requirements for professional specialty and qualification of the job position to be filled, has participated in compulsory social insurance (non-continuous periods may be aggregated if he/she has not applied for a lump-sum social insurance withdrawal or discharge/demobilization benefits), and is arranged to work in conformity with his/her previous professional specialty, such working experience shall be included in the grounds for salary classification subject to the civil servant pay grades corresponding to the concerned job position.

3. Where a person accepted into the civil service has prior working period as prescribed by the law has participated in compulsory social insurance (non-continuous periods may be aggregated if he/she has not applied for a lump-sum social insurance withdrawal or discharge/demobilization benefits), and is arranged to work in conformity with his/her previous professional specialty, such working period shall serve as the basis for salary classification subject to the civil servant pay grades corresponding to the concerned job position.

4. The Ministry of Home Affairs of Vietnam shall elaborate on this Article.”.

Article 8. Amendments to Article 23

“Article 23. Conditions and standards for civil servants upon job position changes

1. Principles for job position changes:

a) Ensure parity between the expected job position and the qualification, capacity, and task performance efficiency of the civil servant, which is determined based on specific criteria regarding:  task performance; difficulty and complexity of tasks; requirements on progress, quality of output results/products; individual responsibilities in task performance; and the importance and impact of the work performed on the overall operational results of the agency/organization/unit;

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c) Ensure openness, transparency, objectivity, fairness, and proper authority; promote the roles and responsibilities of the head and the leadership collective and CPV committee of the employing agency in assessing and arranging civil servants according to job positions.

2. Bases for job position changes:

a) The list of job positions and the civil servant proportions to be arranged based on the job positions in agencies employing civil servants approved by competent authorities;

b) Capacity, professional and technical qualifications, working strengths, and personal aspirations of the civil servant;

c) The plan for job position changes approved by competent authorities as specified in Clause 5 of this Article.

3. Cases of job position changes:

a) He/she is appointed to a leadership or managerial position or title, or ceases to hold a leadership or managerial position or title upon a decision of a competent authority regarding personnel management;

b) He/she is assigned to a job position with a civil servant pay grade higher than the current pay grade in terms of professional and specialized levels;

c) He/she is assigned to a job position with a civil servant pay grade equal to the current pay grade in terms of professional and specialized levels;

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4. Standards and conditions for civil servants undergoing job position changes:

a) For the case specified in Point a, Clause 3 of this Article, the civil servant must satisfy the standards and conditions for appointment to a leadership or managerial job position as prescribed by personnel authorities;

b) For the case specified in Point b, Clause 3 of this Article, the civil servant must fully satisfy the following standards and conditions:

Satisfy the standards and conditions regarding capacity and professional and technical qualifications as required by the job description and competency framework of the expected job position;

Be classified as “good performance” or higher in the working year prior to the year of job position changes;

Be not under disciplinary actions or not serving any disciplinary decisions; not subject to any prosecution, investigation, indictment, or trial; or not implementing any disciplinary regulation as prescribed by the regulations of the CPV and the law;

Have directly provided advice on tasks that have equivalent complexity, scope, and capacity requirements to the expected job position; and have performance results, indicated through the quantity, quality, and progress of the products of their current job positions, are appropriate for the expected job positions.

c) For the case specified in Point c, Clause 3 of this Article, the civil servant must satisfy the standards and conditions regarding capacity and professional and technical qualifications as required by the job description and competency framework of the expected job position;

d) For the case specified in Point d, Clause 3 of this Article, the competent authority shall consider and decide on the job position change upon any of the following bases:

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The civil servant voluntarily requests to move to job position and receives approval from the competent authority.

5. The head of the employing agency must formulate a plan for job position changes when assigning a civil servant to a job position with a civil servant pay grade higher than the current pay grade in terms of professional and specialized levels, and report to the agency managing civil servant for consensus before the implementation. A plan for job position changes includes:

a) Civil servant proportions to be arranged by each job position in the agency employing civil servants approved by the competent authorities; the number of current civil servants by each job position;

b) Assessment criteria, principles, and selection methods for arranging civil servants into new job positions, ensuring compliance with the principles specified in Clause 1 of this Article and operational characteristics of the agency, organization, or unit;

c) Annual assessment and classification results, monitoring and assessment results of the civil servants within the agency, organization, or unit;

d) The number of civil servants meeting the conditions and standards to be arranged for new job positions;

The selection of civil servants meeting requirements for arrangement into new job positions shall be conducted in descending order of evaluation results, ensuring openness, transparency, objectivity, and compliance with regulations.

6. The head of the agency employing civil servants shall decide on job position changes or report to the agency managing civil servants for decision in accordance with the regulations on cadre management delegation.”.

Article 9. Amendments to Article 24

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1. Upon changing to a new job position, a civil servant shall have his/her salary classified into the pay grade corresponding to that job position. The salary-earning period in a job position with a civil servant pay grade equal to/higher than the current pay grade shall serve as the basis for salary classification subject to civil servant pay grades corresponding to the new job position.

2. Salary classification in cases of appointment or assignment to a job position with a civil servant pay grade higher than the current pay grade in terms of professional and specialized levels:

a) The salary coefficient and extra-seniority allowance (if any) shall be included in the grounds for salary classification subject to the civil servant pay grades equal to/higher than the current pay grade corresponding to the concerned job position;

b) Where the total salary coefficient and extra-seniority allowance (if any) in the currently held pay grade exceeds the salary coefficient at the final pay step of the pay grade corresponding to the concerned job position, the civil servant shall be entitled to the salary coefficient at the final pay step of the pay grade corresponding to the new job position and shall have the difference coefficient retained to match the total currently enjoyed salary coefficient and extra-seniority allowance.

3. Salary classification in cases of appointment or assignment to a job position with a civil servant pay grade equal to the current pay grade in terms of professional and specialized levels:

a) Where the currently held civil servant pay grade and the pay grade corresponding to the new job position share the same salary coefficients, the civil servant shall be entitled to the currently held pay step and extra-seniority allowance (if any);

b) Where the pay grade corresponding to the new job position is higher than the currently held pay grade, the currently held salary coefficient and extra-seniority allowance (if any) shall be included in the grounds for salary classification subject to the civil servant pay grades equal to/higher than the current pay grade corresponding to the concerned job position;

c) Where the pay grade corresponding to the new job position is lower than the currently held pay grade, the civil servant shall be entitled to the equivalent pay step and extra-seniority allowance (if any) corresponding to the concerned job position and shall have the difference coefficient retained to match the total currently enjoyed salary coefficient (and extra-seniority allowance, if any).

4. Salary classification in cases of appointment or assignment to a job position with a civil servant pay grade lower than the current pay grade in terms of professional and specialized levels:

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b) Where a civil servant submits a voluntary application for job position change and receives approval from the competent authority, the salary classification shall be conducted in accordance with Point a of this Clause; the civil servant shall be entitled to a retained difference coefficient to match the currently enjoyed salary coefficient (including extra- -seniority allowance, if any).

5. The Ministry of Home Affairs shall guide the salary classification for civil servants undergoing job position changes as prescribed in this Article.”.

Article 10. Amendments to Article 26

“Article 26. Civil servant secondment

1. Civil servant secondment shall be carried out in the following cases:

a) To perform urgent and irregular tasks;

b) To carry out work requiring settlement within a specific period.

2. The civil servant secondment duration shall not exceed 3 years, unless otherwise prescribed by specialized laws. Upon the end of the secondment duration, the agencies or organizations seconding civil servants shall assess and decide to end or extend the secondment duration for civil servants. extensions shall only be granted for ad hoc or urgent tasks that have not been completed due to objective reasons.

Upon completion of the secondment duration, the civil servant shall return to work at their former agency. The head of the agency/organization seconding civil servant shall be responsible for assigning a suitable job position for the civil servant.

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4. Civil servant secondment authority:

Heads of agencies and organizations assigned and delegated to manage civil servants shall decide on the secondment of civil servants under their management.

5. Civil servant secondment procedures:

a) Exchanging written opinions with the receiving agency/organization;

b) Meeting with the civil servant to discuss the secondment policy and specific task requirements;

c) Reaching a written agreement between the agency/organization where the civil servant is working and the receiving agency/organization;

d) Submitting to the competent authority for decision.

6. Secondment shall not be conducted for the cases specified in Clause 5, Article 25 of this Decree.”.

Article 11. Amendments to Article 27

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1. Civil servants holding management/leadership positions who are mobilized to other job positions with position-based allowances lower than their current position-based allowances shall be entitled to retain their current position-based allowances for 6 months.

2. Agencies/organizations seconding civil servants shall pay their salaries and ensure other benefits of civil servants during the secondment period. Where agencies/organizations to which the civil servants are seconded have specific benefits and policies based on job positions, tasks, or regions, the civil servants shall, in addition to the salaries and other benefits paid by the seconding agencies/organizations, be entitled to the specific benefits and policies paid by the receiving agencies/organizations.

3. Where civil servants are seconded to work in extremely disadvantaged areas, they shall be entitled to preferential benefits and policies as prescribed by the law.”.

Article 12. Amendments to Article 29

“Article 29. Appointment standards and conditions

1. Meeting the general standards prescribed by regulations of the CPV and the laws and specific standards of the appointed positions and titles as prescribed by the competent authorities.

2. Ensuring that personnel from internal sources are included in  the planning for positions/titles to be appointed or the planning for the equivalent positions/titles or higher. Ensuring that personnel from external sources are included in the planning for equivalent positions/titles or higher. Special cases shall be assessed and decided by competent authorities based on a comprehensive review and evaluation of the personnel sources within the planning, achievements, outputs, and results, with full responsibility taken for their decision.

Where agencies, organizations, or units are newly established or formed as a result of division, merger, acquisition, or reorganization, and planning has not been approved, competent authorities shall assess and decide on the matter.

3. In cases of appointment to a higher position, the candidate must have held the immediately lower position or an equivalent position/title for at least 01 year (12 months); non-continuous periods may be aggregated (applicable to periods holding an equivalent position).

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In case of failure to determine the duration of holding immediately lower positions or titles, the appointing authority shall consider and decide based on objective evaluation of achievements, outputs, and specific results.

4. Possessing complete and clear personal dossiers, curricula vitae, and declarations of property and income which are verified and audited by competent authorities.

5. Being classified as “good performance” or higher by competent authorities in the 3 most recent years.

6. Possessing by work experience, management and operational experience, achievements, results, and specific outputs suitable for the appointed positions; in case of external personnel sources, specific achievements, results, and outputs must ensure suitability with operational requirements of the appointed positions.

7.  Age requirements for appointment:

a) A civil servant proposed for initial appointment to a management position or higher position shall be of eligible age to serve a full term. The reference date of age determination shall comply with the regulations of the competent authority. In special cases where the candidate is not of sufficient age to serve a full term, the appointing authority shall consider and decide based on an objective evaluation of achievements, outputs, and specific results;

b) Where a civil servant is appointed to an equivalent or lower position/title than the current position/title, the age requirement in Point a of this Clause does not apply.

8. Having sufficient health to fulfill assigned tasks and responsibilities.

9. Not falling into the following cases:

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b) Being under any disciplinary handling period;

c) Serving a disciplinary decision under regulations of competent authorities;

d) Undergoing denunciation resolution (where a decision establishing a denunciation resolution team has been issued); disciplinary complaint resolution, or inspection upon signs of violation; or subject to handling of violations upon inspection/audit conclusions; or suspension from work;

dd) Being subject to temporary custody, temporary detention, prosecution, investigation, indictment, or trial;

e) Falling under other cases where the competent authority has not considered for appointment to a higher position.

10. Other conditions as prescribed by competent authorities.”.

Article 13. Amendments to Article 33

“Article 33. Procedures for appointing civil servants to leadership and management positions under management of Ministries, central authorities, and local authorities

1. Request for appointment guidelines:

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b) Within 15 working days from the date of receiving the request, the appointing authority shall consider and decide on the appointment guidelines, specifying the prospective personnel sources to be appointed and other contents (if any);

c) Within 30 working days from the date of receiving written approval on appointment guidelines, the competent authority shall complete the personnel procedures as prescribed by regulations. Upon failure to complete the personnel procedures, a report for explanation shall be sent to the appointing authority.

2. Implementation of appointment procedures for internal personnel sources:

a) Implementation principles

The rate of nomination votes in steps 1, 2, and 4 shall be calculated based on the number of present invitees; the rate of nomination votes in step 3 shall be calculated based on the number of attendees present,

Votes on nomination of personnel to be appointed shall be issued by the conference organization board, bearing the official seal of the agency, organization, or unit, or the direct signature of the presiding officer. The content of the conference and the vote counting results at these steps must be recorded in the meeting minutes. The number of nomination votes shall be prepared based on the number of convened participants and distributed based on the number of attendees present. Voters may sign or remain anonymous. Representatives of advisory agencies or departments for personnel and organization may participate in the mentioned steps, but they shall not cast any vote (except in cases where they are part of the voting members).

Where a attendee holding 02 different positions/titles, he/she shall cast only 01 vote and counted as 01 person on the convened list.

Where the person is convened but absent due to force majeure and unable to vote, he/she shall not be included in the total number of convened persons.

Advisory agencies or departments shall report to competent authorities for consideration and decision on the convened lists at Conferences and cases of absence due to force majeure.

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b) Step 1: Leadership collective conference

Composition:  Head and deputy heads of the agency, organization, or unit.

The Leadership collective conference shall perform the following tasks:

Discuss, review, and agree on the structure, quantity, standards, conditions, and personnel procedures.

Bases for review: Approved appointment guidelines by competent authorities; task requirements; personnel sources within planning, including planning for equivalent or higher positions/titles.

Review evaluation and assessment results for each person in the planning, including personnel planned for equivalent or higher positions/titles.

Approve the list of candidates satisfying standards and conditions: Record the orientation of nomination based on the list of candidates satisfying standards and conditions by checking boxes.

Principles for nomination and selection: Each attendee shall nominate 01 person for a title; the nominee who receives the highest nomination votes exceeding 50% of the total convened persons shall be selected. Where no nominee receives more than 50% of the votes, all nominees who receive 30% or more of the votes shall be selected for nomination in the subsequent step. Where no nominee receives at least 30% of the votes, the conference shall not proceed to the subsequent step, and a report shall be submitted to the competent authority for assessment and direction.

Discussion results and proposals shall be recorded in minutes.

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c) Step 2: Expanded leadership collective conference

Composition:  Leadership collective as prescribed in Point b of this Clause; members of the Standing Committee of the same-level CPV committee (for superior CPV organizations) or same-level CPV committee (for grassroots CPV organizations) of the agency, organization, or unit; heads of affiliated agencies, organizations, and units (if any).

The Expanded leadership collective conference shall perform the following tasks:

Discuss the nomination results in step 1.

Nominate nominees by secret ballot.

Principles for nomination and selection: Each attendee shall nominate 01 person for a title among the nominees nominated in step 1; the nominee who receives the highest nomination votes exceeding 50% of the total convened persons shall be selected. Where no nominee receives more than 50% of the votes, all nominees who receive 30% or more of the votes shall be selected for nomination in the subsequent step. Where no nominee receives at least 30% of the votes, the conference shall not proceed to the subsequent step, and a report shall be submitted to the competent authority for assessment and direction.

The vote counting results shall be disclosed at this conference.

d) Step 3: Key cadre conference

Composition:  Expanded leadership collective as prescribed in point c hereof; heads of socio-political organizations of the agency, organization, or unit (if any); deputy heads of heads of subordinate and affiliated agencies, organizations, and units (if any).

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Nominate nominees by secret ballot on the list of nominated personnel in step 2.

The Key cadre conference shall perform the following tasks:

Announce the list of nominated personnel in step 2.

provide a summary of their personal background, education, work history; assessment and evaluation and expected job assignments as prescribed by the law and competent authorities.

Nominate nominees by votes..

Principles for nomination and selection: Each attendee shall nominate 01 person for a title among the nominees nominated in step 2; the nominee who receives the highest nomination votes exceeding 50% of the total convened persons shall be selected. Where no nominee receives at least 50% of the votes, the conference shall not proceed to the subsequent step, and a report shall be submitted to the competent authority for assessment and direction.

The vote counting results shall not be disclosed at this conference.

dd) Step 4: Leadership collective conference

Composition:  Comply with step 1.

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Listen to reports by personnel advisory agencies/units regarding ballot results across steps, assessment and evaluation of same-level competent CPV committees (where the CPV committee does not hold comprehensive leadership), and results of verification/conclusions on arising issues concerning personnel (if any).

Discuss and cast votes by secret ballot.

The nominee who receives the highest nomination votes exceeding 50% of the total convened persons shall be selected. Where 2 nominees receive equal votes, both over 50%, the head shall consider selecting the nominee to be recommended for appointment and report all differing opinions to the competent authority for consideration and decision; in case of a vacant head position, report shall be submitted to competent authorities for consideration and decision.

The vote counting results shall be disclosed at this conference.

The head of the agency, organization, or unit shall issue an appointment decision according to their authority or submit to competent authorities for consideration and decision as prescribed.

3. Implementation of appointment procedures for external personnel source:

Personnel advisory agencies/units of the appointing authority shall follow the following procedure:

a) Step 1: Exchange and solicit opinions from the leadership collective of the agency, organization, or unit where the appointment is expected regarding the appointment guidelines.

b) Step 2: Exchange and solicit opinions from the leadership collective of the agency, organization, or unit where the personnel are working regarding the appointment guidelines; solicit opinions of local authorities, agencies, organizations, and units, and personnel dossiers as prescribed.

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c) Step 3: Take charge and cooperate with relevant agencies, organizations, or units in conducting personnel appraisal and preparing a written statement to the competent authority for assessment and decision.

Where the personnel meet the prescribed standards and conditions, but the agency, organization, or unit (where they are working or where the appointment is expected) or the personnel to be appointed have different and inconsistent opinions, the advisory agency or department for personnel and organization shall report and present all differing opinions to the competent authority for assessment and decision.

The head of the agency, organization, or unit shall issue an appointment decision according to their authority or submit to competent authorities for consideration and decision.

4. Where personnel are consolidated into 02 or more leadership or management job positions within the same agency, organization, or unit, the principles for nomination and selection shall follow the procedures prescribed in Clause 2 and Clause 3 of this Article.

5. Based on specific conditions of agencies and organizations, heads of agencies managing civil servants shall specify appointment authority; principles for determining internal personnel sources and external personnel sources for units with constituent organizations, ensuring compliance with the CPV's regulations and this Decree.".

Article 14. Amendments to point a Clause 1, Clause 3; adding Clause 5 after Clause  Article 34

1. Point a Clause 1 is amended as follows:

 “a) Where the civil servant’s current position in the former agency, organization, or unit is equivalent to or higher than the position to be assumed in the new agency, organization, or unit, the competent authority shall, based on the civil servant’s qualities, capacity, and reputation, assess and decide the appointment without carrying out the appointment procedures as prescribed by regulations; in such case, the appointment dossiers are not required. The term of office shall be calculated according to the new appointment decision.”

2. Clause 3 is amended as follows:

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3. Clause 4 is added after Clause 5:

5. In the case where an agency, organization, or unit is established, the appointment of managerial civil servants shall be carried out in accordance with the establishment scheme (if any) and decisions of competent authorities.”.

Article 15. Amendments to Article 35

“Article 35. Appointment dossiers

1. Conference minutes and consolidated vote counting results, enclosed with the vote-counting minutes, from each step of the appointment procedures.

2. Curriculum vitae declared by the individual following the prescribed form with a 4x6 color photograph, affixed and confirmed and stamped by the direct managing agency.

3. Assessment and evaluation for the last 3 years from the leadership collective of the agency, organization, or unit on:

a) Ethical qualities, lifestyle, sense of organizational discipline, internal solidarity;

b) Working capacity, implementation results of assigned tasks, specifying the specific products and achievements, shortcomings, deficiencies, violations (if any);

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4. Evaluation of the CPV cell or CPV committee of the current agency.

5. Evaluation of the CPV cell where the individual resides.

6. Self-assessment report on the last 3 years of work.

7. Conclusion on the political standards by the competent authority.

8. Declaration of assets and income as prescribed.

9. Copies of diplomas and certificates (certified by the dossier managing authority or competent authorities) according to standards of the appointment position or title. Where degrees are granted by foreign educational institutions or domestic educational institutions in association with foreign educational institutions, recognition shall be carried out in compliance with the law.

10. Health certificate issued by a competent health establishment.

Where the components of the dossier prescribed in this Article have been approved by competent authorities and stored in national databases, they may substitute for the corresponding physical copies.

Dossier components specified in Clauses 1, 2, 3, 4, 5, 6, 8, and 10 of this Article (including photos) must not exceed 06 months as of the time of consideration.

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In cases of re-appointment, appointment to an equal, equivalent, or lower position than the currently held position, or extension of tenure, the dossier components specified in Clause 7 and Clause 9 of this Article shall not be required (If no new contents arise)."

Article 16. Amendments to Article 36

“Article 36. Reappointment or extension of term of leadership or management positions

1. When the term of office of a civil servant holding a leadership or management position expires, the competent authority or organization shall carry out the procedures for considering reappointment or extending the term of such position.

Where a managerial civil servant reaches the end of their office term and has less than 24 working months remaining until reaching retirement age (for a 05-year office term) or less than 18 working months remaining until reaching retirement age (for a 03-year office term), the competent authority shall consider and decide to extend their office term until they reach retirement age as prescribed. In such case, the re-appointment process is not required.

Where a managerial civil servant reaches the end of their office term and has at least 24 working months remaining until reaching retirement age (for a 05-year office term) or at least 18 working months remaining until reaching retirement age (for a 03-year office term), the re-appointment process shall be performed; if re-appointed, the re-appointment term of office shall be calculated up to the statutory retirement date.

2. Within 90 working days before the appointment term expires, the competent authority must issue a written notice to the person considered for re-appointment or office term extension to prepare the re-appointment dossier as prescribed. Where the re-appointment or office term extension process has not been conducted in accordance with Clause 3 of this Article, or where the re-appointment process has been initiated but not completed due to objective reasons, the appointing authority must issue a written notice to inform the agency, organization, unit, and the civil servant.

3. Cases where the re-appointment or office term extension process for leadership and management positions shall not be performed:

a) Falling under one of the cases specified in point b and point d, Clause 9, Article 29 of this Decree;

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c) Undergoing inpatient medical treatment for at least 03 months at medical facilities or taking maternity leave;

d) There is information exchange by functional agencies regarding personal responsibility in cases, matters, or conclusions that functional agencies have been or are investigating, inspecting, or auditing without official conclusions, or upon requests by competent authorities to consider and handle personal responsibility without official conclusions;

dd) Falling under other cases where the competent authority has not considered for re-appointment or extension of term of office.

4. Decisions on re-appointment or extension of term of office for leadership or management position must be issued at least 1 working day before the appointment term expires.

If, due to objective reasons, the decision on reappointment or extension of the term of the leadership or management position is signed after the expiry date of the appointment term, the term stated in the new decision shall be counted from the expiry date of the appointment term specified in the previous decision and must be clearly specified therein.

5. Where the appointment term of a civil servant holding a leadership or management position expires and no decision on reappointment or extension has been issued by the competent authority, that person shall not perform the duties, tasks, and authority of the current leadership or management position. In that case, the implementation of such duties, tasks, and authority shall be considered and decided by the appointing authority.

6. If the appointment term of a civil servant holding a leadership or management position expires while he/she is under a disciplinary action but is not subject to dismissal or resignation under the regulations of the CPV and the law, the appointing authority shall, based on task requirements, standards, and conditions, consider and decide on re-appointment or extension.

7. Where a civil servant holding a leadership or management position is not reappointed, the competent authority shall consider deciding to assign him/her to another position, provided he/she shall not be assigned a position equivalent to or higher than the one he/she previously held.

Article 17. Amendments to Article 37

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1. Successfully fulfilling tasks during the term of the leadership or management position.

Where during the term of office, there is a year classified as failing to complete tasks due to force majeure/disciplinary action which does not fall under cases subject to consideration for dismissal, resignation, or relief of duty, the appointing authority shall discuss within the leadership collective and the CPV committee to comprehensively review and evaluate the capacity, qualities, prestige, and task performance results through specific outputs for the remaining years and the entire term of office to consider and decide on evaluating the criterion of task completion during the term of office.

2. Satisfying standards for the leadership or management title as prescribed by competent authorities at the time of re-appointment.

3. Ensuring that the agency or organization has a need for the leadership or management position.

4. Having sufficient health to fulfill assigned tasks and responsibilities.

5. Not falling under any cases specified in Point a and point dd, Clause 9, Article 29 hereof; not falling under any of the cases where re-appointment consideration is not permitted as prescribed in Clause 3, Article 36 of this Decree; or other cases failing to satisfy standards and conditions for re-appointment as prescribed by competent authorities.

Where the agency, organization, or unit is undergoing inspection or audit, the competent authority shall exchange opinions with the inspection or audit agency regarding the person proposed for re-appointment before making a decision.”.

Article 18. Amendments to Article 39

“Article 39. Reappointment procedures

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2. Within 45 days the date of receiving the self-assessment reports from the civil servant, the competent authority shall organize a key cadres conference to collect opinions on the re-appointment.

Composition:  Comply with Point d, Clause 2, Article 33 of this Decree.

Procedures:

The civil servant considered for re-appointment presents his/her self-assessment on the performance of responsibilities and duties during their office term.

The conference contributes opinions.

 Cast votes by secret ballot.

The vote counting results shall not be disclosed at this conference.

Conference minutes and vote-counting minutes shall be submitted to the appointing authority.

3. The head of the agency directly employing the civil servant shall assess, evaluate, and propose the reappointment.

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Composition:  Comply with Point dd, Clause 2, Article 33 of this Decree.

Procedures:

The results of the vote carried out at the conference of key cadres are analyzed. The civil servant recommended for reappointment must receive more than 50% of the votes (based on the total number of convened participants at the conference of key cadres); if exactly 50%, the head shall decide; if less than 50%, the matter is reported to the competent authority for further consideration and decision on the continuation of the procedures.

Any arising issues are verified and concluded (if any).

Written opinions are solicited from the authorities local committee at the same level regarding the civil servant recommended for reappointment.

Discuss and cast votes by secret ballot.

The candidate recommended for reappointment must receive more than 50% of the nomination votes of the leadership collective; if exactly 50%, the head shall decide within his/her jurisdiction or present the matter to the competent authority for consideration and decision; if less than 50%, a full report on differing opinions must be prepared for the competent authority’s consideration and decision.

The vote counting results shall be disclosed at this conference.

The head of the agency, organization, or unit shall issue the reappointment decision according to their authority or submit to competent authorities for consideration and decision.”.

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“Article 40. Procedures for extending term of leadership and management positions until retirement age

1. Within 15 days from the date of receiving notice from the competent authority, the civil servant shall prepare and submit a self-assessment report on the implementation of responsibilities and tasks during the term of office to the extending authority.

2. Within 45 days from the date of receiving the report, the competent authority shall carry out the following procedures:

a) The head and the leadership collective of the agency or organization shall discuss and consider the extension. If the civil servant still has sufficient health, reputation, and meets the task requirements, a vote shall be commenced by secret ballot.

Any candidate recommended for extension of the term of a leadership or management position must receive more than 50% of approval votes from the leadership collective; if exactly 50%, the head shall decide and report differing opinions to the competent authority for consideration and decision.

b) Collect written opinions of the competent authority.

c) Based on the voting results and opinion collection results (if any), the head of the agency, organization, or unit shall, according to their authority, issue a decision to extend the term of office of the leadership or management position until retirement age for the civil servant, or submit to the competent authority for further consideration and decision.”.

Article 20. Amendments to Article 41

“Article 41. Dossiers for reappointment or extension of term of leadership and management positions until retirement age

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Article 21. Adding Article 51a after Article 51

“Article 51a. Article 51a. Principles for relief from duty, resignation, and dismissal

1. Promptly consider relief from duty, resignation, and dismissal for managerial civil servants upon existence of sufficient grounds.

2. Encourage voluntary relief from duty and resignation when failing to meet task requirements, losing prestige, or committing violations which are to the extent of dismissal.

3. Where after relief from duty, resignation, or dismissal, a person wishes to resign or retire, their regimes and policies shall be resolved in accordance with the law.”.

Article 22. Amendments to Article 52

“Article 52. Relief from duty and resignation for managerial civil servants

1. Consideration for relief from duty for managerial civil servants shall be carried out upon any of following bases:

a) Agencies, organizations, or units within their assigned scope or field of management shall to achieve prescribed targets/plans or key decisions, regulations, provisions, schemes, programs, or projects within their advisory/proposal role are concluded to be ineffective or pose a risk of causing adverse consequences, except for force majeure reasons;

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c) The civil servant in a leadership position is irresponsible and fails to promptly handle civil servants under his/her direct management upon discovering their serious violations of CPV’s regulations or State laws;

d) Other cases as prescribed by the CPV’s regulations and laws.

2. Consideration of resignation for a civil servant in a leadership or management position shall be carried out in the following cases:

a) Upon reasons of limited capacity or insufficient health or reputation for completing the assigned responsibilities and tasks;

b) The civil servant receives more than 50% of low confidence votes at the vote as prescribed;

c) Other legitimate personal reasons;

d) The civil servant, who is also the head, lets the agency, organization, or unit under his/her management and supervision commit very serious corruption or negative acts, but not to the extent that dismissal is required;

dd) The civil servant has 2 non-consecutive years classified as “failing to complete assigned tasks";

e) The civil servant commits violations against regulations on political qualities, ethics, or lifestyle and is concluded/assessed by competent authorities as causing public discontent and adversely affecting organizational and personal prestige;

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h) Others exploit the civil servant’s position and authority for personal gain, concluded/assessed by competent authorities as causing serious consequences and public discontent, adversely affecting personal and organizational prestige; except where the individual was unaware;

i) The civil servant lacks courage to act or take responsibility, delay and evade responsibility, or fail to implement work under his/her jurisdiction based on the assigned tasks and functions, concluded/assessed by competent authorities as causing very serious consequences, negative public reaction, and discontent among cadres, CPV’s members, and the public;

k) Other cases as prescribed by the CPV’s regulations and laws.

3. For cases specified in point b Clause 2 of this Article, if the civil servant does not submit a resignation letter, the competent authority shall consider relief from duty; for cases specified in points d, dd, e, g, h, and i, Clause 2 of this Article, if the civil servant does not voluntarily resign the competent authority shall consider dismissal in accordance with Article 53 of this Decree.

4. Resignation or relief from duty shall not be considered for a civil servant in a leadership or management position falling into one of the following cases:

a) The civil servant is currently in charge of tasks of national defense and security, crucial and classified tasks that remain uncompleted and require continued performance by the civil servant, where the resignation will seriously affect the common benefits of the assigned duties of the unit;

b) The civil servant undergoes inspection, audit, or investigation by competent functional authorities;

c) The civil servant falls under any cases possessing sufficient grounds for dismissal as specified in Article 53 of this Decree.

5. Procedure for considering relief from duty:

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b) Within 10 working days from the date of receiving the proposal, the appointing authority shall consider issuing a decision on resignation/relief from duty. In necessary cases, due to objective reasons, this period may be extended, but no more than 15 working days.

6. Where a civil servant in a leadership or management position has a resignation letter that has yet to be approved by the head of the agency, organization, or unit where he/she works or by the competent authority, he/she shall continue to implement the assigned responsibilities, tasks, and entitlements.”.

Article 23. Amendments to Article 53

“Article 53. Dismissal of civil servants in leadership or management positions

1. Consideration of dismissal for a civil servant in a leadership or management position shall be carried out in the following cases:

a) The civil servant is subject to a warning and is concluded by competent authorities as having limited capacity and prestige, unable to continue holding the assigned position;

b) The civil servant is subject to reprimand related to assigned duties and responsibilities at least 02 times within a single appointment term;

c) The civil servant receives more than 2/3 of low confidence votes at the vote as prescribed;

d) The civil servant has 2 consecutive years classified as “failing to complete assigned duties”;

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e) The civil servant is concluded by the competent authority to have violated the political standards as prescribed by regulations on the protection of the CPV’s internal politics, to the extent that dismissal is required;

g) The civil servant, who is also the head, lets the agency, organization, or unit under his/her management and supervision commit very serious corruption or negative acts, but not to the extent that dismissal is required;

h) The civil servant, who is also the head, lets the agency, organization, or unit under his/her management and supervision experience serious conflicts and disunity according to conclusions of competent authorities;

i) Upon request of the competent authorities;

k) The civil servant, who falls under any cases specified in Clause 1 Article 52 of this Decree, does not voluntarily resign from his/her position;

l) Other cases as prescribed by the CPV’s regulations and laws.

2. Dismissal procedures:

a) When there are sufficient grounds for dismissal, within 10 working days, the head of the agency, organization, or unit where the civil servant is working, or the advisory agency or department for personnel and organization, shall discuss with the civil servant and submit a report to the appointing authority for consideration and decision;

b) Within 10 working days from the date of receiving the proposal, the appointing authority shall consider issuing a decision on dismissal. In necessary cases, due to objective reasons, this period may be extended, but no more than 15 working days.

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Article 24. Amendments to Article 54

“Article 54. Dossiers for consideration of relief from duty, resignation, and dismissal

1. Statement of the advisory agency for personnel and organization; resignation letter of the civil servant in a leadership or management position in cases of resignation.

2. Relevant documents: Decisions, conclusions, notices, opinions of competent authorities, conference minutes, resignation letters of civil servants; proposal reports of agencies employing civil servants, and other relevant materials.”.

Article 25. Amendments to Article 55

“Article 55. Work position arrangement; Benefits and policies for civil servants in leadership or management positions after relief from duty, resignation, or dismissal

1. Work position arrangement for civil servants in leadership or management positions after relief from duty, resignation, or dismissal:

a) For civil servants after relief from duty:

After relief from duty, the competent authority shall, based on actual circumstances, consider arranging the civil servant in a position one grade lower than the one previously held or a suitable position (where lower-level positions are available as per regulations), provided such position is not higher in importance; after at least 12 months of working in the new position, if the civil servant is classified as “good performance” or higher and satisfies standards and conditions, the competent authority shall consider planning and appointing them to a position equivalent to the one held prior to relief from duty as prescribed.

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Where a civil servant has less than 5 working years remaining, the competent authority shall consider arranging him/her in professional positions, neither leadership nor management.

Where a civil servant has more than 5 working years remaining, the competent authority shall consider arranging the civil servant in a position one grade lower than the one previously held or a suitable position (where lower-level positions are available as per regulations); after at least 24 months of working in the new position, if the civil servant effectively remedies violations and shortcomings (if any), is classified as “good performance” or higher, and satisfies standards and conditions, the competent authority shall consider planning and appointing them to a position equivalent to the one held prior to resignation as prescribed.

c) For civil servants after dismissal:

After dismissal, the competent authority shall consider arranging the civil servant in professional positions, neither leadership nor management; after at least 36 months of working in the new position, if he/she effectively remedies violations and shortcomings, is classified as “good performance” or higher, and satisfies standards and conditions, the competent authority shall consider planning and appointing as prescribed.

Where a civil servant fall under any cases specified in points a, b, c, and d, Clause 1, Article 53 of this Decree, if the civil servant voluntarily submits a resignation letter, the competent authority shall consider arranging the civil servant in a position one grade lower than the one previously held or a suitable position (where lower-level positions are available as per regulations); after at least 24 months of working in the new position, if the civil servant effectively remedies violations and shortcomings (if any), is classified as “good performance” or higher, and satisfies standards and conditions, the competent authority shall consider planning and appointing them to a position equivalent to the one held prior to dismissal as prescribed.

2.  A civil servant in a leadership or management position who continues working after being relieved from duty shall have his/her position allowances retained in accordance with the CPV’s regulations and the law.

3. A civil servant in a leadership or management position who is dismissed shall not be entitled to leadership position allowances from the effective date of the dismissal decision.”.

Article 26. Amendments to Article 56

“Article 56. Suspension of civil servants

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a) He/she commits violations against regulations on ethical qualities or lifestyle that cause negative impacts, public outrage, and negatively affect the reputation of specific organizations or individuals;

b) He/she intentionally delays or avoids taking responsibility, fails to perform work within their authority according to assigned functions and duties;

c) He/she commits acts of harassment, corruption, or causing difficulties for citizens, enterprises, agencies, or organizations during the implementation of official duties;

d) He/she is considered for disciplinary actions but intentionally failing to comply with the competent authority’s requirements during the review or handling of his/her violations or abusing his/her positions, entitlements, or influence to obstruct the review and handling;

dd) He/she is subject to CPV disciplinary actions in the form of a warning or dismissal and currently awaits review and handling of his/her position of authority, where continued working will negatively affect the operations of the agencies, organizations, or units;

e) Other cases as prescribed by law or upon request of competent authorities.

2. Bases for suspension upon signs of serious violations:

a) He/she is charged against suspect to serve investigation work;  

b) He/she undergoes consideration and handling of violations and there a ground to determine that disciplinary action of warning or higher or criminal handling must be imposed; and the inspection audit, investigation, prosecution, adjudication, or judgment execution agency issues a written request for suspension.

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a) For a civil servant in a leadership or management position, the head of the appointing and managing authority shall decide suspension;

b) For a civil servant not in a leadership or management position, the head of the agency, organization, or unit employing the civil servant shall decide.

4. Authority of the head of the agency in suspension:

a) Issue decision on suspension for civil servants under their authority in accordance with the CPV’s regulations and the law; discussion and voting within the leadership collective is not required;

b) Request specialized agencies to provide information and materials relevant to the issuance of suspension decisions or request specialized agencies to inspect, verify, clarify, and handle violations as prescribed;

c) Require suspended civil servants to comply with requests of specialized agencies or competent persons to serve verification, clarification, and handling of violations.

5. A suspended civil servant has the right to:

a) request the head of the agency to reconsider the suspension decision if there are grounds that the suspension is contrary to regulations;

b) have the lawful rights and interests restored when the specialized agency concludes that he/she has not committed violations or is not subject to disciplinary or criminal handling;

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Where the suspension period specified in point a Clause 2 hereof or decision of prosecution agency is applied, the application of benefits and policies shall cease from the date of issuance of the written of prosecution agency. The suspended civil servant shall have benefits and policies restored after the prosecution agency issue a written confirmation that there is no ground for suspension.

6. The head of the agency has the following responsibilities in suspension:

a) Promptly issue decisions on suspension for cadres under his/her management upon any of the cases specified in Clause 1 and Clause 2 of this Article; revoke suspension decisions in cases of non-compliance with regulations or upon conclusions of no violation; at the same time, submit reports to competent authorities; 

b) Be held accountable for suspension decision issuance and revocation; publish suspension decisions and revocation decisions within the agency, organization, or unit where the civil servant works, and send these decisions to relevant agencies, organizations, units, and individuals;

c) Upon expiration of the suspension period for a civil servant, if there are complex circumstances requiring further verification, report to competent authorities prior to suspension extension.

7. A suspended civil servant has the following responsibilities:

a) Comply with suspension decisions;

b) Fully provide relevant information and materials; and comply with requirements of the head and competent authorities during the verification, clarification, and handling of violations.

8. Relevant organizations and individuals shall:

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9. Duration of suspension:

a) The suspension duration, if necessary, shall not exceed 30 working days; where an extension is required, the maximum extension period shall not exceed 30 working days;

b) The suspension duration, in case of detection of serious violations against the CPV’s regulations and State’s laws, shall follow the written request of prosecution agency, inspection agency, audit agency, or judgment execution agency;

c) Suspension decisions shall automatically cease to be effective upon expiration of the suspension period.

10. Procedures for suspension:

a) Upon determining any of the bases specified in Clause 1 and Clause 2 of this Article, within 02 working days, the advisory agency or department for personnel and organization shall advise the head to issue a suspension decision;

b) Within 01 working day from the date of receiving the proposal of the advisory agency or department for personnel and organization, the head shall issue the suspension decision;

c) Within 3 working days from the date of sufficient grounds, the head shall issue a decision to terminate the suspension decision;

d) The suspension decision and the decision to terminate the suspension decision must be announced in the agency, organization, or unit employing the civil servant and sent to relevant agencies, organizations, and individuals.

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Article 27. Adding Article 56a after Article 56

“Article 56a. Cases of employment termination

1. A civil servant shall be subject to employment termination in the following cases:

a) He/she voluntarily applies for employment termination;

b) He/she is classified as failing to meet job position requirements based on regular monitoring and assessment results where no lower-level job position is available for further reassignment;

c) He/she is classified as “failing to complete assigned tasks” due to professional or technical reasons where no lower-level job position is available for further reassignment;

d) Other employment termination cases as prescribed by law or upon decisions of competent authorities.

2. Cases where voluntary termination shall not be processed:

a) The civil servant is currently under consideration for disciplinary actions or criminal prosecution; except where permitted by competent authorities or upon decisions of competent authorities;

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c) Due to operational requirements of the agency or organization, or where a replacement has not yet been arranged;

d) Other cases as prescribed by law or upon decisions of competent authorities.

Article 28. Amendments to Article 57

“Article 57. Authority and procedures for handling of employment termination

1. Authority to handle employment termination:

a) The head of agency employing civil servant shall decide on employment termination for civil servants not in leadership or managerial positions;

b)The head of appointing authority shall decide on employment termination for civil servants in leadership or managerial positions;

2. Procedures for handling of employment termination:

a) For cases specified in Point a, Clause 1, Article 56a of this Decree:

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Within 30 days from the date of receiving the application for voluntary termination, based on the opinions of the advisory agency or department for personnel and organization regarding the reasons for termination and opinions of the leadership collective and CPV committee of the agency, organization, or unit, the head of the competent authority shall decide on employment termination and benefits thereof for the civil servant, and be held accountable for such decision.

b) For cases specified in Points b and c, Clause 1, Article 56a of this Decree:

Within 30 days from the date of receiving monitoring and classification results for the civil servant, the advisory agency or department for personnel and organization shall report to the leadership collective and CPV’s committee of the agency, organization, or unit on the grounds for employment termination. The head of the competent authority shall decide on employment termination for the civil servant and take responsibility for the decision.

c) For cases specified in Point d, Clause 1, Article 56a of this Decree, procedures shall follow regulations.

3. Civil servants must complete monetary obligations and return assets to the agency or organization (if any) prior to employment termination. In case of failure to fulfill such obligations, the competent authority shall still issue the employment termination decision but shall not handle benefits thereof; the obligations shall be fulfilled in accordance with laws.”.

Article 29. Amendments to Article 58

“Article 58. Benefits and policies for employment termination

1. In case of employment termination, the civil servant shall be entitled to severance allowances as follows:

a) For cases specified in point a, Clause 1, Article 56a of this Decree, a severance allowance equal to half a month's salary shall be granted for each working year. The civil servant may have his/her period of compulsory social insurance contribution retained or receive a lump-sum social insurance payout in accordance with social insurance laws;

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c) For cases specified in Point d, Clause 1, Article 56a, benefits for employment termination shall comply with corresponding laws.

2. The current monthly salary refers to the monthly salary of the month immediately preceding employment termination, including: salary based on the pay grades, leadership position allowance; extra-seniority allowances, professional seniority allowances, and retained salary difference coefficients (if any) in accordance with salary laws.

3. An allowance rate equal to 01 month of current monthly salary shall apply to cases where the total working period prior to termination is from 06 months to less than 12 months.

4. Civil servants who have received retirement notices or fall under downsizing or subject to dismissal under regulations shall not be entitled to the severance allowances specified in Clause 1 of this Article.”.

Article 30. Adding Clause 3 after Clause 2 Article 59

“3. Where there was a prior working period with unemployment insurance contributions, this period shall not be counted towards the working period for severance allowance paid from the state budget and shall follow regulations of law on unemployment allowance or other relevant regulations.”.

Article 31. Amendments to Article 64

“Article 64. Contents and responsibilities of civil servant management

1. Contents of civil servant management:

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b) Management and use of staff positions of cadres and civil servants under the devolution of competent authorities;

c) Stipulation of civil servant positions and titles; development and management of job positions and the proportion of civil servants to be arranged;

d) Recruitment and acceptance into civil service, planning, appointment, reappointment, extension of term of office, mobilization, transfer, secondment; relief of duty, resignation, dismissal, and disciplinary action; changes of job positions and corresponding grades; other management contents as prescribed by relevant laws or competent authorities;

dd) Use, assignment, arrangement, inspection, assessment, and formulation of plans for job position changes with higher grade assignment; training, advanced training, emulation, and commendation; suspension from work/positions; implementation benefits concerning salaries, employment termination, retirement, and other benefits and policies;

e) Inspection of official duties and; guidance and inspection of the execution of regulations regarding civil servants within the scope of management; settlement of complaints and denunciations as prescribed by law;

g) Application of science, technology, and digital transformation to civil servant management; formulation, management, update, and development of civil servant management information systems and national database on cadres and civil servants;

h) Preparation and management of civil servant dossiers; implementation of reporting and statistical regimes;

i) Implementation of other management contents in the personnel work within jurisdiction and in accordance with the CPV’s regulations.

2. State management responsibilities:

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b) Ministries, ministerial-level agencies, provincial People's Committees, and other agencies managing civil servants specified in Clause 2, Article 2 of this Decree shall perform civil servant management within their scope of management in accordance with Law on Cadres and Civil Servants No. 80/2025/QH15 and this Decree.

3. Agencies, organizations, and individuals assigned to recruit, employ, and manage civil servants under Law on Cadres and Civil Servants No. 80/2025/QH15 or this Decree (including agencies, organizations, and individuals under the devolution) shall have the right to authorize other agencies, organizations, and individuals to perform such tasks. Authorization shall be conducted in accordance with regulations; authorization shall not be granted for contents where the authorization is prohibited by laws.”

Article 32. Amendments to Article 66

“Article 66. Tasks and entitlements of Ministries, ministerial agencies, and other agencies managing civil servants

1. Implement the civil servant management contents specified in Clause 1 Article 64 of this Decree, excluding cases of delegation in Clause 2 of this Article and contents under the jurisdiction of agencies employing civil servants as prescribed by the Law on Cadres and Civil Servants No. 80/2025/QH15 and provisions of this Decree.

2. Delegate the contents specified in points d, dd, and e, Clause 1 Article 64 of this Decree, excluding contents under the jurisdiction of agencies employing civil servants as prescribed by the Law on Cadres and Civil Servants No. 80/2025/QH15 and provisions of this Decree.

3. Implement  the civil servant management contents  in cases of delegation of competent authorities.”.

Article 33. Amendments to Article 67

“Article 67. Tasks and entitlements of People’s Committees of provinces and their Chairpersons

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a) Implement unified management of civil servants within the province; management of cadres in state agencies within the province under devolution;

b) Implement the civil servant management contents specified in Point a, Point b, Point c, Point d, Point e, Point g, Point h, and Point i, Clause 1, Article 64 of this Decree, except cases of devolution in point c of this Clause and contents within the management authority of agencies employing civil servants;

c) Implement the devolution of implementation of contents specified in Point d, Clause 1, Article 64 of this Decree;

d) Implement the civil servant management contents  under the delegation of competent authorities.

2. Tasks of Chairpersons of provincial People’s Committees:

a) Perform tasks specified in Point a, Clause 1, Article 64 of this Decree.

b) Perform tasks as authorized by the provincial People's Committee; decide according to authority on contents assigned under this Decree;

c) Organize the implementation of civil servant management contents specified in Point b, Point c, Point e, Point g, Point h, and Point i, Clause 1, Article 64 of this Decree and issue corresponding decisions;

d) Organize the implementation of civil servant management contents specified in Point d, Clause 1, Article 64 of this Decree where the provincial People's Committee does not assign or authorize other agencies, organizations, or individuals;

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Article 34. Amendments to Article 68

"Article 68. Responsibilities and authority of agencies employing civil servants

1. Organize the implementation of tasks specified in point dd Clause 1 Article 64 of this Decree for civil servants within the scope of management under Law on Cadres and Civil Servants No. 80/2025/QH15, this Decree, and cadre management authority devolution

2. Perform tasks under devolution and authorization.

3. Propose to competent authorities contents related to civil servant management specified in point d Clause 1 Article 64 hereof according to authority.

4. Implement regulations in Points g and h, Clause 1, Article 64 of this Decree according to authority

5. Resolve complaints and denunciations in accordance with regulations; implement civil servant management contents under the cadre management devolution of competent authorities.”.

Article 35. Transitional and application provisions

1. For civil servant recruitment schemes and plans (examination, admission, or reception into civil service) approved by competent authorities prior to the effective date of this Decree, such schemes and plans shall continue implementing within 06 months from the effective date of this Decree. After this period, if uncompleted, regulations of this Decree shall apply.

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3. Where authority was assigned before the effective date of this Decree and exceeds 12 months as of July 1, 2026, within 03 months from the effective date of this Decree, competent authorities must arrange personnel in accordance with regulations of this Decree.

4. Where complete dossiers are submitted to competent authorities before the effective date of this Decree but decisions for benefits and policies for voluntary termination specified in Clause 1, Article 58 of Decree No. 170/2025/ND-CP dated June 30, 2025 have not been issued, such dossiers shall be processed in accordance with laws applicable at the time of dossier completion.

5. Chairpersons of People's Committees of provinces/communes shall, based on cadre management authority devolution, decide on applying regulations of this Decree to assign corresponding grades by leadership and management job positions, employment termination, retirement, and other administrative management contents for persons holding positions and titles approved or decided upon election approval in state agencies, except cadres under the management of the Politburo or the Secretariat or where competent authorities prescribe otherwise.

6. Civil servants serving as controllers at state-owned enterprises who no longer serve as controllers and where agencies or organizations no longer have suitable job positions or based on personal wish, shall be considered and decided upon by competent authorities to apply employment termination regulations under this Decree or other regulations; in this case, reception procedures into civil service are not required prior to employment termination.

Article 36. Effect

This Decree shall come into force from August 1, 2026.

Article 37. Implementation

Ministers, Heads of ministerial-level agencies, Heads of organizations established by the Government or Prime Minister that are not public service providers (where assigned civil servant management authority), Chairpersons of People's Committees of provinces, and relevant agencies, organizations, and individuals shall implement this Decree.

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ON BEHALF OF THE GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Pham Thi Thanh Tra