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NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
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No: 80/2025/QH15
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Hanoi, June 24,
2025
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LAW
ON CADRES AND CIVIL SERVANTS
Pursuant to the Constitution of the Socialist Republic
of Vietnam as amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on
cadres and civil servants.
Chapter I
GENERAL PROVISIONS
Article 1. Cadres and civil
servants
1. Cadres are Vietnamese citizens who are elected,
approved, designated or appointed to hold positions and titles for a given term
in agencies of the Communist Party of Vietnam, the State of Vietnam, the
Vietnam Fatherland Front, socio-political organizations at the central level,
in provinces, in communes, included in the staffing quotas and salaried from
the state budget.
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Article 2. Principles of
performance of official duties
1. Comply with the Constitution and laws.
2. Respect, ensure, and protect human rights,
citizens' rights, interests of the State of Vietnam, and lawful rights and
interests of organizations and citizens.
3. Ensure publicity, transparency, performance
within competence, inspection and supervision.
4. Ensure systematic, unified, continuous,
transparent, professional, modern, and effective operations.
5. Ensure administrative hierarchy and close
cooperation.
Article 3. Principles of
management of cadres and civil servants
1. Follow the leadership of the Communist Party of
Vietnam and the management of the State of Vietnam.
2. Combine standards of titles, positions, and
staffing quotas.
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4. Assess, arrange, and utilize cadres and civil
servants on the basis of their political integrity, ethics, capabilities,
results and effectiveness in task performance as required by their position.
5. Ensure unity, coherence, and coordination within
the political system.
6. Implement gender equality.
7. Prioritize recruitment, designation, and
implementation of policies for ethnic minorities.
Article 4. Mechanisms for
attraction of high-quality human sources and policies for talents in official
duties
1. The State of Vietnam shall implement special
policies to attract experts, scientists, jurists, outstanding lawyers,
outstanding entrepreneurs, excellent graduates, and other high-quality human
resources to work in agencies of the Communist Party of Vietnam, the State, the
Vietnam Fatherland Front, political and social organizations; provide
substantial benefits for talents in official duties that are appropriate to the
economic and social development of Vietnam.
2. Talents in official duties are cadres and civil
servants who have good political qualities, ethics, a desire to contribute and
serve the Fatherland and the People; professional competence, outstanding
skills in performance; innovative, dynamic, and creative thinking, willingness
to think and act and take responsibility for the common good; remarkable
accomplishments in public service operations demonstrated by specific results
and products that bring high value and effectiveness to organizations, sectors,
or fields nationwide or locally.
3. The Government shall stipulate the mechanisms
and policies for attraction and provision of benefits for subjects specified in
clauses 1 and 2 of this Article.
4. Pursuant to the Government’s regulations and the
development orientation of key sectors and industries of Vietnam or in each
province, heads of ministries, departments, central authorities or People's
Councils of provinces shall determine the sectors and industries to prioritize
the use of human resources in each stage and decide on policies for individuals
specified in clauses 1 and 2 of this Article under their management, in
accordance with budgetary capabilities and the authority to manage cadres and
civil servants.
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Article 5. Interpretation of
terms
For the purposes of this Law, the terms below shall
be construed as follows:
1. Official duties refer to activities
performed by cadres and civil servants to fulfill their duties and delegated
authority as stipulated by competent authorities and laws, aimed at
implementing state management and meeting the general needs of society.
2. Agency managing cadres and civil servants means
an agency or organization authorized to manage cadres and civil servants.
3. Agency employing cadres and civil servants means
an agency, organization or unit delegated the authority to use, assign,
allocate, inspect, and assess the performance of duties and powers of cadres
and civil servants, and other authorities according to delegation and
authority.
4. Working position means a job associated
with a position, title, and pay grades of civil servants based on specific
functions and tasks of the organization, agency, or unit.
5. Pay grades indicates the level of
specialized and professional capability and qualification of a civil servants.
6. Appointment means an act of a competent
authority deciding to appoint an individual to hold a leading or managing
position without the election process.
7. Transfer means an act of a competent
authority send a cadre or civil servant from an agency, organization or unit to
another.
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9. Rotation means an act of a competent
authority assigning or designating a cadre or a civil servant to hold a leading
or managing position in a different agency, organization, or unit for a
specified period for training and advanced training purposes according to
requirements of the task or the designated position.
10. Secondment means the temporary
assignment of a civil servant of an agency, organization, or unit to another
agency, organization, or unit outside the scope of the managing agency, based
on task requirements.
11. Resignation means a leading or managing
cadre of civil servant voluntarily resigns from their position before the end
of their term or before the end of the designation period.
12. Relief of duties means a competent
authority decides to relieve a leading or managing cadre of civil servant from
their position before the end of their term or before the end of the
designation period.
13. Suspension means a competent authority
decides to temporarily suspend a cadre or a civil servant from performing their
duties and responsibilities for a specified period.
Chapter II
OBLIGATIONS AND RIGHTS
OF CADRES AND CIVIL SERVANTS
Section 1. OBLIGATIONS OF
CADRES AND CIVIL SERVANTS
Article 6. Obligations of
cadres and civil servants towards the Communist Party of Vietnam, State, and
People
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1. Be loyal to the Communist Party of Vietnam, the
Socialist Republic of Vietnam; protect the honor of the Fatherland, national
interests, and the nation.
2. Respect and protect human rights, citizens'
rights, and devotedly serve the People.
3. Keep close relationship with the People;
respect, listen to the People’s opinions; and submit to the People’s
supervision.
4. Strictly adhere to the guidelines, principles
and policies of the Communist Party of Vietnam and laws of the State of
Vietnam.
Article 7. Obligations of
cadres and civil servants in performing official duties
Cadres and civil servants have the obligations to:
1. Accurately and completely fulfill tasks, take
responsibility for the results; proactively develop capabilities, expertise,
and professionalism to meet job requirements; apply science, technology, and
digital transformation in task execution.
2. Have a sense of organizational discipline,
strictly adhere to internal regulations of agencies, organizations or units;
report to competent persons if any legal violations are detected within
agencies, organizations or units; protect state secrets.
3. Be proactive and innovative in task execution;
closely cooperate with colleagues in performing official duties; preserve unity
in agencies, organizations and units.
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5. Implement decisions of their superiors. In cases
where there are grounds to believe that such decisions are illegal, report in
writing to the issuer in a timely manner; if the issuer upholds his/her
decision, implement the decision and report in writing to the issuer’s superior
without bearing responsibility for the implementation consequences. The person
who issues a decision shall take responsibility before law for his/her
decision.
6. Other obligations as prescribed by laws
and competent authorities.
Article 8. Obligations of
cadres and civil servants who are heads in performing official duties
In addition to complying with Articles 6 and 7 of
this Law, cadres and civil servants who are heads of agencies, organizations or
units shall perform the following obligations:
1. Direct the performance of assigned tasks and
take responsibility for operation results of their agencies, organizations or
units;
2. Inspect, urge and guide the performance of
official duties of cadres and civil servants;
3. Organize the implementation of measures to
prevent bureaucracy, corruption, negative behaviors; practice thrift; prevent
waste; and take responsibility to acts of bureaucracy, corruption, negative
behaviors, and waste under their management.
4. Organize the implementation of legal provisions
on grassroots democracy and office culture within agencies, organizations or
units; promptly and strictly handle cadres and civil servants under their
management who commit violations against discipline or laws, show bureaucratic
and authoritarian altitudes to and harass citizens;
5. Regularly review to ensure the reduction of
administrative procedures to enable citizens, enterprises, and relevant
organizations, agencies, units, and individuals; lead, direct, and take
responsibility for handling of administrative procedures for agencies,
organizations, and units under their management;
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7. Other obligations as prescribed by laws and
competent authorities.
Section 2. RIGHTS OF CADRES
AND CIVIL SERVANTS
Article 9. Right of cadres and
civil servants in ensuring the performance of official duties
Cadres and civil servants have the rights to:
1. Be assigned appropriate authority corresponding
to the assigned tasks
2. Be provided with working equipment, means of
transportation for the performance of official duties, and other working
conditions as per laws and regulations of competent authorities.
3. Be assigned or provided with official-duty
houses as per laws and regulations of competent authorities.
4. Be provided with information, data relevant to
assigned tasks and responsibilities.
5. Participate in training and advanced training.
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7. Be considered for exclusion, exemption, or
reduction of responsibilities as per laws and regulations of competent
authorities.
Article 10. Rights of cadres
and civil servants on salaries, bonuses, and salary-related regimes
Cadres and civil servants have the rights to:
1. Receive salary, bonuses, and other incomes based
on the results and performance of assigned positions, suitable to national and
local socio-economic conditions.
2. Receive overtime pay, night shift pay, travel
allowances, and other benefits as stipulated.
3. Cadres and civil servants working in areas with
extremely disadvantaged socio-economic conditions or doing arduous, hazardous
or dangerous works shall be entitled to allowances and preferential policies as
prescribed.
Article 11. Rights of cadres
and civil servants to rest and other rights
1. Cadres and civil servants shall be entitled to
annual leaves, public holidays, and unpaid leaves as prescribed by labor laws.
If, due to task requirements, cadres and civil servants do not use or fully use
their annual leave days, they shall receive an additional payment equivalent to
their salary for the unused days, in addition to salaries.
2. Cadres and civil servants shall have the right
to study, conduct scientific researches, and participate in economic and social
activities, except for activities specified in Clause 6, Article 14 of this
Law; be entitled to incentive policies concerning housing, vehicles, social and
health insurance regimes, and other regimes as prescribed by law; in case of
injury or sacrifice while performing official duties, they shall be considered
for benefits and policies applicable to invalids or recognized as martyrs.
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Article 12. Official-duty
ethics
1. Cadres and civil servants must have good moral
qualities; practice diligence, thrift, integrity, impartiality and selflessness
in performing official duties.
2. Cadres and civil servants must love and be loyal
to the Fatherland, respect and wholeheartedly serve the People. Cadres and
civil servants must have courage, a spirit of innovation, creativity, and
international integration; unity, discipline, and integrity in their duties;
serve as role models, and engage in lifelong learning.
Article 13. Communication
culture
1. Communication culture at work:
a) In communication at work, cadres and civil
servants must adopt a polite attitude and respect colleagues;
b) Cadres and civil servants must listen to
opinions of colleagues; be fair, impartial, and objective when providing
feedback and evaluations.
2. Culture of communication with the People:
a) While performing official duties, cadres and
civil servants must wear badges or cards; adopt polite manners; and preserve the
prestige and honor of their agencies, organizations and units and colleagues.
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c) While performing official duties, cadres and
civil servants are prohibited from acting hostile, corrupt, irresponsible
behaviors that cause difficulties and troubles to the People.
Section 4. PROHIBITED ACTS OF
CADRES AND CIVIL SERVANTS
Article 14. Prohibited acts of
cadres and civil servants
Cadres and civil servants must not:
1. Avoid, evade, shirk, or push away
responsibilities and duties assigned; sow factionalism and disunity; abandon
work or resign without permission; participate in strikes; post, spread, or
make statements with misleading information that affects the image and
reputation of the country, provinces, agencies, organizations, or units where
they work.
2. Engage in acts of embezzlement, corruption,
negativity, wastefulness, profiteering, and disruptive behaviors, and other
violations against laws concerning individuals, enterprises, agencies,
organizations, and persons relevant to official-duty performance.
3. Illegally use state-owned public property and
the People’s property.
4. Exploit or abuse duties and powers, use
work-related information for personal gain.
5. Discriminate against ethnic minorities, genders,
ages, disabilities, religions, beliefs, or social backgrounds in any form
during the performance of official duties.
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Chapter III
CADRES
Article 15. Positions and
titles
1. Positions and titles of cadres working in
agencies under the Communist Party of Vietnam, the Vietnam Fatherland Front,
and other political and social organizations shall be determined based on the
regulations of the Communist Party of Vietnam, the Vietnam Fatherland Front,
and political and social organizations.
2. Positions and titles of cadres working in
regulatory agencies shall be determined according to the provisions of the
Constitution, Law on Organization of the National Assembly, Law on Government
Organization, Law on the Organization of Local Government, Law on the
Organization of People's Courts, Law on the Organization of People's Procuracy,
Law on State Audit, and other relevant regulations.
3. The determination of equivalent positions and
titles in the political system shall be carried out according to the
regulations of the competent authorities.
Article 16. Election,
approval, designation, and appointment of positions and titles of cadres
The election, approval, designation, and
appointment of positions and titles of cadres working in agencies under the
Communist Party of Vietnam, the State of Vietnam, the Vietnam Fatherland Front,
and other political and social organizations for a term shall be conducted in
accordance with the provisions of the Constitution, Law on Government
Organization, Law on the Organization of Local Government, Law on the
Organization of People's Courts, Law on the Organization of People's Procuracy,
Law on State Audit, Law on the Election of Deputies to the National Assembly
and People's Councils, other relevant laws, and regulations of the competent
authorities.
Article 17. Management of
cadres
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2. Cadres shall retire in accordance with labor
laws, except in cases where it is carried out in accordance with regulations of
competent authorities.
Chapter IV
CIVIL SERVANTS
Section 1. RECRUITMENT OF
CIVIL SERVANTS
Article 18. Principles for
recruitment of civil servants
1. Ensure transparency, openness, objectivity, and
legality.
2. Ensure competition and equality.
3. The recruited person must meet the
requirements of the position to be recruited immediately.
4. Priority shall be given to talented individuals,
those who have contributed to the country, and ethnic minorities.
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1. A person may
register for recruitment of civil servants if he/she:
a) has Vietnamese nationality as prescribed by the
Law on Nationality;
b) is residing in Vietnam;
c) aged 18 or higher;
d) has good political qualities and ethics; a clear
personal background;
dd) has good health to perform assigned tasks;
e) meets requirements for the position for which
he/she applies.
2. Persons applying for leading or managing
positions, in addition to the conditions specified in Clause 1 of this Article,
must also meet the designation standards and conditions as prescribed, except
for the case decided by the competent authority.
3. A person is not eligible to register for
recruitment of civil servants if he/she:
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b) is not undergoing criminal prosecution, or is
not serving or has completely served criminal sentences but has not had his/her
criminal records expunged, or is not forcibly sent to rehabilitation centers or
reform schools.
Article 20. Methods
of civil servant recruitment
1. Civil servants shall be recruited through
the following methods:
a) Examination:
b) Selection for recruitment for certain groups of
individuals as stipulated by the Government.
2. In addition to recruiting civil servants through
examinations or selection, managing agencies shall decide to recruit the
following persons as civil servants:
a) Experts, scientists, jurists, outstanding
lawyers, outstanding entrepreneurs attracted to work in agencies of the
Communist Party of Vietnam, the State, the Vietnam Fatherland Front, political
and social organizations;
b) Persons with experience, immediately meeting the
requirements of positions; persons serving as officers receiving salaries in
the People's Armed Forces, People's Public Security, and cipher organizations
who are not civil servants; and other cases working in agencies, organizations,
units within the political system.
3. Managing agencies of civil servants shall
organize recruitment or delegate agency employing civil servants to organize
recruitment.
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5. The Government of Vietnam shall elaborate this
Article.
Article 21. Contract to
perform the tasks for civil servants
1. Based on the nature, requirements of tasks of
agencies, organizations, units at each period, current situation, needs for
human resources, and ability to meet the requirements of the assigned tasks,
managing agencies of civil servants shall decide to:
a) Sign a contract with experts, scientists,
jurists, outstanding lawyers, and outstanding entrepreneurs to perform one or
more tasks of leading and managing civil servants;
b) Sign a contract with high-quality personnel
stipulated in Clause 1, Article 4 of this Law to perform one or more
specialized or professional tasks;
c) Sign a service contract to outsource tasks
of agencies, organizations, units due to insufficient human resources.
2. The signing of contracts stipulated in this
Article shall be covered by the state budget, which is apart from the salary
fund and fixed administrative expenses.
3. The Government of Vietnam shall elaborate this
Article.
Article 22. Selection and
designation of Judges and Prosecutors
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Section 2. JOB POSITIONS AND
PAY GRADES OF CIVIL SERVANTS
Article 23. Job positions of
civil servants
1. Job positions shall be determined based on the
following criteria:
a) Functions, tasks, and organizational structure
of agencies, organizations, and units employing civil servants;
b) Complexity, nature, and characteristics of
each sector or field; scope, targets; professional management processes.
c) Modernization level of workplaces, equipment,
and working tools; application level of science, technology, and digital
transformation.
2. Job positions of civil servants include:
a) Job titles;
b) Position, title, or corresponding civil servants
pay grades;
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3. Classification of job positions:
a) Leading and managing positions;
b) Specialized or professional positions;
c) Assistant and attendant positions.
4. The Government shall provide regulations on
principles, procedures, and approval authority for job positions in accordance
with the management delegation of cadres and civil servants in agencies of the
Communist Party of Vietnam, the State of Vietnam, the Vietnam Fatherland Front,
and political-social organizations and elaborate this Article.
Article 24. Pay grades and
assignment of pay grades
1. Pay grades shall be assigned based on the
professional and technical expertise, including:
a) Senior experts;
b) Senior specialists and equivalents;
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d) Specialists and equivalents;
dd) Civil servants and equivalents;
e) Employees.
2. The assignment of pay grades corresponding to
job positions shall be carried out if:
a) A person is recruited to a job position;
b) A civil servant is designated to a leading or
managing position or assigned to a job position where the pay grade is
different from the pay grade currently held.
3. The assignment of pay grades for civil servants
must ensure compliance with the ratio of civil servants to be allocated for
each job position in agencies employing civil servants stipulated by the
Government of Vietnam.
Section 3. PERFORMANCE
EVALUATION OF CIVIL SERVANTS
Article 25. Implementation of
civil servant evaluation
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a) Evaluation must ensure democracy, openness,
fairness, transparency, objectivity, continuity, and multidimensionality;
b) Evaluation content must be determined in terms
of progress, quality, and effectiveness linked to the job position;
c) Science, technology, digital transformation must
be used in monitoring, evaluating, and classifying quality of civil servants.
2. Evaluation authority:
a) Heads of agencies, organizations, and units
employing civil servants is responsible for evaluating civil servants under
their management;
b) Evaluation of heads of agencies, organizations,
units shall be conducted by heads of direct superior agencies.
3. Evaluation methods:
a) Regular, continuous, multidimensional monitoring
and evaluation based on specific criteria linked to progress and quality of
results and products according to each job position;
b) Annual quality evaluation and classification.
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a) Political qualities, moral qualities,
official-duty culture; awareness of discipline in performing official duties;
compliance with regulations on civil servants, official duties and regulations
of agencies, organizations, units;
b) Professional competence and technical expertise
required by the job position; ability to meet the requirements of regularly and
unexpectedly assigned tasks; sense of responsibility in performing official
duties; attitude of serving the People, enterprises for job positions directly
serving the People, enterprises; ability to cooperate with colleagues;
c) Innovation, creativity, willingness to think and
act and take responsibility for the common good in performing official duties;
d) Results of task performance, including:
quantity, quality, and progress of products according to job positions;
dd) Other content as required by job positions.
In addition to the above-mentioned content, leading
and managing civil servants shall be evaluated based on the performance of
agencies, organizations or units under their management;
5. The Government of Vietnam shall elaborate this
Article.
Article 26. Quality
classification
1. Civil servants shall be classified in quality
annually based on monitoring and evaluation results as follows:
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b) Successful completion of tasks;
c) Completion of tasks;
d) Failure to complete tasks.
2. Quality classification results must be notified
to civil servant; disclose within agencies, organizations, units; and be filed
in civil servant’s records.
Article 27. Use of monitoring,
evaluation, and quality classification results of civil servants
1. Based on the results of monitoring, evaluation,
and quality classification, competent authorities shall consider deciding to:
a) Implement training, advanced training, planning,
transfer, designation, re-designation, or assignment to higher positions;
decide salaries and other benefits as prescribed by law and regulations of
competent authorities;
b) Commend, give pay raises or bonuses as
prescribed;
c) Demote or dismiss civil servants that fail to
complete tasks or fail to meet task requirements.
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Section 4. TRAINING, ADVANCED
TRAINING FOR CIVIL SERVANTS
Article 28. Responsibilities
of organizations, agencies, units in training and advanced training for civil
servants
1. Agencies managing civil servants shall develop
plans and assign civil servants to participate in training and advanced
training based on job position requirements and human resource development
needs,
2. Agencies managing civil servants shall
enable civil servants to participate in training and advanced training
according to the plan.
3. Funding for training and advanced training shall
be covered by the state budget and other funding sources as prescribed by law.
4. The Government of Vietnam shall elaborate this
Article.
Article 29. Responsibilities
and rights of civil servants in training and advanced training
1. Civil servants are responsible to conduct
self-study to improve their capacity and participate in training and advanced training
according to the plan.
2. Civil servants participating in training and
advanced training must comply with training and advanced training regulations
of their training facilities and assigned agencies.
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4. If a civil servant abandons work or resigns
without permission while undergoing training, he/she must reimburse the
training costs as prescribed by law.
5. The Government of Vietnam shall elaborate this
Article.
Section 5. TRANSFER,
DESIGNATION, ROTATION, SECONDMENT, RESIGNATION, RELIEF OF DUTIES, AND CEASING
TO HOLD POSITIONS OF CIVIL SERVANTS
Article 30. Transfer,
rotation, and secondment of civil servants
1. Transfer, rotation, and secondment of civil
servants shall be based on their political qualities, ethics, capabilities,
professional qualifications, expertise, and needs of agencies, organizations,
or units.
2. Civil servants subject to transfer shall be
under the staffing quotas of the agency, organization, or unit to which they
are transferred, while civil servants subject to secondment still remain under
the staffing quotas of the agency from which they are seconded.
Leading and managing civil servants shall be rotated
based on task requirements in accordance with the approved personnel planning
of competent authorities.
3. The Government of Vietnam shall elaborate this
Article.
Article 31. Designation,
resignation, relief of duties, and ceasing to hold positions of leading and
managing civil servants
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2. The term of designation for a civil servant
holding a leading or managing position is 5 years. Certain specialized
positions may have a term of designation of less than 5 years stipulated by
relevant laws or regulations of competent authorities.
Upon the expiration of the term of designation,
competent authorities shall consider deciding on designation, except for the
case where such person has not been considered for designation as per law or
regulations of competent authorities.
3. The resignation, relief of duties, and ceasing
to hold positions relevant to leading and managing positions of civil servants shall
comply with regulations of competent authorities and the Government of Vietnam.
Section 6. JOB
DISCONTINUATION, RETIREMENT FOR CIVIL SERVANTS
Section 32. Job
discontinuation, retirement for civil servants
1. Civil servants shall have their job discontinued
if:
a) He/she wishes to resign his/her job and is
approved by the competent authority. Resignation shall not be
approved for civil servants under disciplinary review or facing
criminal liability or other cases as prescribed by law or competent authorities.
b) He/she fails to fulfill duties or meet task
requirements stipulated in point c, Clause 1, Article 27 of this Law, and is
subject to dismissal.
2. Civil servants shall retire in accordance with
Labor Code, except in cases where it is carried out in accordance with
regulations of competent authorities.
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Chapter V
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 33. Commendation of
cadres and civil servants
1. Cadres and civil servants with achievements in
official-duty performance shall receive commendations in accordance with laws
on emulation and commendation.
2. Cadres and civil servants receiving
commendations for outstanding achievements or contributions shall be eligible
for a pay raise ahead of schedule, receive bonuses from bonus fund of agencies,
organizations, or units, and be given priority when considering for promotion
to higher positions if needed in accordance with regulations of competent
authorities and the Government of Vietnam.
Article 34. Exclusion,
exemption, or reduction of responsibility for cadres and civil servants
1. Cadres and civil servants shall be considered
for exclusion, exemption, or reduction of responsibilities if:
a) He/she obeys an illegal decision of a superior
but has reported it as stipulated in Clause 5, Article 7 of this Law;
b) He/she performed his/her official duties in
accordance with the regulations on authority, procedures, without personal
gain, but has caused damage due to objective reasons;
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d) There are cases of force majeure stipulated by
law;
dd) Other cases as prescribed by laws and competent
authorities.
2. The consideration for exclusion, exemption, or
reduction of responsibilities shall comply with relevant laws and regulations
of competent authorities.
Article 35. Forms of
discipline for cadres
1. Cadres committing violations against this Law
and other relevant regulations shall, depending on the nature
and severity of the violations, be subject to one of the following forms
of discipline:
a) Reprimand;
b) Warning;
c) Demotion, applicable to cadres who have been
approved, designated, or appointed to a position or title;
d) Dismissal.
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3. The application of forms of discipline, authority,
procedures, and disciplinary handling processes for cadres shall comply with
laws, charters of the Communist Party of Vietnam, the Vietnam Fatherland
Front, political-social organizations, and documents of competent authorities.
Article 36. Forms of
discipline for civil servants
1. Civil servants committing violations against
this Law and other relevant regulations shall, depending on the nature
and severity of the violations, be subject to one of the following forms
of discipline:
a) Reprimand;
b) Warning;
c) Demotion, applicable to leading and managing
civil servants;
d) Forced resignation.
2. Civil servants who are sentenced to imprisonment
by a court without suspension of sentence, or who are convicted of corruption
shall be forced to resign from the effective date of the court judgment or
decision; civil servants holding leading and managing positions who are
convicted by a court and a judgment or decision which has become effective
shall cease to hold positions to which they have been designated.
3. The Government shall elaborate this Article and
other relevant contents related to disciplinary actions.
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1. The statute of limitations for disciplining is
the period at the end of which a cadre or civil servant committing a violation
shall not be disciplined. The statute of limitations for disciplining shall be
counted from the date of committing a violation.
Except for the cases specified in Clause 2 of this
Article, the statute of limitations for disciplining is as follows:
a) 5 years for violations subject to reprimand;
b) 10 years for violations other than those
specified in Point a of this Clause.
2. The following violations are not subject to the
statute of limitations for disciplining:
a) Cadres and civil servants who are members of the
Communist Party of Vietnam commit violations that lead to expulsion from the
Communist Party of Vietnam.
b) Cadres and civil servants commit violations
against regulations on protection of internal politics;
c) Cadres and civil servants commit violations that
harm national interests in national defense, security, and foreign affairs;
d) Cadres and civil servants use forged or illegal
diplomas, certificates, or confirmations.
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The time limit for disciplining is 90 days; in
cases where the situation involves complicated circumstances which need further
verification, the time limit may be extended but not exceeding 150 days.
4. If an individual who is under investigation,
prosecution or on trial according to the criminal proceedings, but then
receiving the decision to suspend the investigation or dismiss the legal case,
and his/her violation is suspected to be a breach of discipline, he/she may be
subject to a disciplinary action. The time period of investigation or trial
according to the criminal procedures shall not be included in the statute of
limitations for disciplining.
Article 38. Other regulations
related to disciplinary actions against cadres and civil servants
1. Based on the nature and severity of the
violations and disciplinary forms, cadres and civil servants are also subject
to corresponding regulations regarding policies on promotion, recruitment,
resignation, salary, bonuses, and other relevant regulations.
2. Cadres and civil servants who are under time
limits for disciplining, investigation, prosecution, or trial shall be
disqualified from nomination, election, designation, transfer, rotation,
secondment, training, or advanced training according to legal regulations and
regulations of competent authorities.
3. Cadres and civil servants who are demoted due to
corruption must not be designated to leading or managing positions.
4. Disciplinary actions for violations unrelated to
official duties are not considered as a basis for performance evaluation for
the year.
5. The Government of Vietnam shall elaborate this
Article.
Article 39. Suspension of work
for cadres and civil servants
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The Government of Vietnam shall elaborate this
Article.
Chapter VI
MANAGEMENT OF CADRES AND
CIVIL SERVANTS
Article 40. Content of
management of cadres and civil servants
1. Issuance, request for issuance by
competent authorities, and organization of implementation of legislative
documents on cadres and civil servants.
2. Stipulation of positions and titles of
civil servants; formulation and management of job positions and the proportion
of civil servants for each job position.
3. Management and utilization of the staffing
quotas of cadres and civil servants.
4. Recruitment, planning, designation,
re-designation, introduction of candidates, re-election, appointment, transfer,
rotation, detachment; suspension, cessation of positions; dismissal, relief of
duties, dismissal, demotion, and discipline.
5. Use, assignment, arrangement, inspection,
assessment, and work suspension; training, advanced training, emulation,
and commendation; implementation of salary regime, job discontinuation
regime, retirement regime, and other regimes and policies.
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7. Implementation of management tasks in
cadre work within the authority.
8. Application of science, technology,
digital transformation in management of cadres and civil servants;
construction, management, exploitation of national databases on cadres and
civil servants.
9. Delegation, authorization to implement
management tasks on cadres and civil servants.
Article 41. Authority to
management of cadres and civil servants
1. The management of cadres and civil servants
shall comply with this Law, other relevant regulations, Charters of the
Communist Party of Vietnam, the Vietnam Fatherland Front, political-social
organizations, and documents of competent authorities.
2. The Government shall exercise unified state
management for civil servants; implement the management of cadres, civil
servants in state agencies.
3. The Standing Committee of the National Assembly,
competent authorities of the Communist Party of Vietnam, the Vietnam Fatherland
Front, political - social organizations, within their functions and tasks,
shall carry out the management of cadres and civil servants according to the
delegation of powers of competent authorities and regulations of the
Government.
4. Agencies managing cadres and civil servants
shall exercise the authority prescribed in this Law and other authorities
according to the delegation of the Government of Vietnam.
5. Agencies employing cadres and civil servants
shall exercise the authority prescribed in this Law and other authorities
according to the delegation and authorization of agencies managing cadres and
civil servants.
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1. Records of cadres and civil servants, including
physical and electronic files, shall be managed on the information system about
cadres and civil servants and are approved, updated into the national database
on cadres and civil servants. Records of cadres and civil servants must have
full components as prescribed, ensure accurate development, work process of
cadres and civil servants, and be retained in accordance with regulations.
2. Cadres and civil servants shall supplement
personal information as prescribed when there are changes; competent
authorities approve, update into records and synchronize with the national
database on cadres and civil servants.
3. Competent authorities under the Communist Party
of Vietnam shall provide guidelines on the establishment, management of records
of cadres and civil servants under their management authority.
4. The Government of Vietnam shall elaborate this
Article.
Chapter VII
IMPLEMENTATION CLAUSES
Article 43. Application of the
Law on Cadres and Civil servants to other entities
1. Competent authorities affiliated to the
Communist Party of Vietnam, the Standing Committee of the National Assembly, and
the Government of Vietnam shall elaborate the application of this Law to
individuals who are elected but do not fall under the cases specified in Clause
1, Article 2 of this Law; allowance regime for retirees who are elected to hold
positions, titles of cadres.
2. Competent authorities affiliated to the
Communist Party of Vietnam, the Standing Committee of the National Assembly,
and the Government of Vietnam shall elaborate the application of this Law to
individuals working in organizations which are assigned tasks by the Communist
Party of Vietnam and the State of Vietnam.
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a) All violations during official-duty performance
of cadres and civil servants who have retired shall be handled according to the
provisions of the law;
b) Based on the nature and severity of the
violations, individuals who commit violations may be subject to criminal or
administrative penalties, or disciplinary measures;
c) Cadres and civil servants whose violations are
detected after retiring or being retired, depending on the nature and severity
of the violation, may be subject to disciplinary measures such as reprimand,
warning, or removal of the position, associated with corresponding legal
consequences of disciplinary measures.
The Government of Vietnam shall elaborate this
Article.
Article 44. Implementation
clauses
1. This Law shall come into force from July 1,
2025, except for the case specified in Clause 2 of this Article.
2. The provisions regarding the assessment of civil
servants specified in Section 3, Chapter IV of this Law shall be implemented
from January 1, 2026.
3. The Law on Cadres and Civil servants No.
22/2008/QH12, as amended and supplemented by Law No. 52/2019/QH14, shall cease
to be effective from the effective date of this Law.
4. The Standing Committee of the National Assembly,
the Government of Vietnam, and other competent authorities shall elaborate the
provisions assigned in this Law.
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1. Cadres and civil servants of communes who have
been elected or recruited before the effective date of this Law and meet the
educational qualifications shall be transferred to cadres and civil servants
according to the provisions of this Law. They shall be assigned to work at
agencies, organizations, or units within the political system of communes
formed after the restructuring, under the staffing quotas, and implement the
downsizing within a period of 5 years as prescribed by the Government and
guidelines of competent authorities.
2. By July 1, 2027, ministries, central
authorities, and local authorities shall complete the arrangement of positions
and corresponding pay grades for civil servants recruited before the effective
date of this Law, within the scope of management as prescribed by this Law.
3. From the effective date of this Law,
apprentices under the Law on Cadres and Civil servants No. 22/2008/QH12,
as amended and supplemented by Law No. 52/2019/QH14, shall be arranged into
corresponding pay grade for the recruited position.
This Resolution was adopted by the 9th meeting
of the 15th National Assembly of Socialist Republic of Vietnam held
on June 24, 2025.
CHAIRMAN OF
NATIONAL ASSEMBLY
Tran Thanh Man