Decree 06/2023/ND-CP re-recruitment testing of civil servant candidates

DECREE

On pre-recruitment testing of civil servant candidates

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law dated November 22, 2019, Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008; the Law dated November 25, 2019, Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree on pre-recruitment testing of civil servant candidates.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree stipulates the principles, requirements, powers, content, form and implementation of pre-recruitment testing of candidates for civil servant positions in bodies subject to the Communist Party of Vietnam, the Vietnam Fatherland Front, socio-political organizations, and State authorities at central, provincial and district levels.

2. The pre-recruitment testing of civil servant candidates as specified in this Decree applies to those who apply for civil servant positions by taking the recruitment examination.

Article 2. Principles of pre-recruitment testing of civil servant candidates

1. Pre-recruitment testing of civil servant candidates means assessing and accrediting the required background knowledge of candidates before they move on to the next civil servant recruitment step at any competent agency.

2. The principles of pre-recruitment testing of civil servant candidates:

a) Ensuring publicity, transparency, objectivity and lawfulness.

b) Ensuring practicality, efficiency and frugality.

c) Using the test results uniformly nationwide.

d) Not limiting the number of times that each candidate can register for the test.

dd) Intensifying the application of information technology and digital transformation in the organization of the pre-recruitment tests of civil servant candidates.

Chapter II

PRE-RECRUITMENT TESTING OF CIVIL SERVANT CANDIDATES

Article 3. Requirements for candidates to take the civil servant pre-recruitment test

1. Requirements for candidates to take the civil servant pre-recruitment test shall be the same as these specified in Clause 1, Article 36 of the Law on Cadres and Civil Servants.

2. Those who are mentioned in Clause 2, Article 36 of the Law on Cadres and Civil Servants are not allowed to register for the civil servant pre-recruitment test.

Article 4. Organization of the pre-recruitment test of civil servant candidates

1. The Ministry of Home Affairs is in charge of organizing the civil servant pre-recruitment test.

2. The civil servant pre-recruitment test shall be held periodically twice in July and November every year.

3. Before January 31 of each year, the Ministry of Home Affairs shall announce the plan to organize the civil servant pre-recruitment test on its web portal and the website about the civil servant pre-recruitment test.

4. In the case where civil servant recruiters wish to test the qualifications of their civil servant candidates, they shall develop plans and notify them as specified in Article 7 of this Decree and receive the applications for the test via the web portals of agencies, organizations and units under their management; then make a list of candidates and send it to the Ministry of Home Affairs for organizing the test. No later than 30 days after receiving the list, the Ministry of Home Affairs shall organize the test.

Article 5. Form, content, and duration of the test

1. Test form: Computer-based multiple-choice test.

2. Test content: Assessing the candidates’ thinking capacity, ability to put knowledge into practice; general and basic understanding of the political system, the organizational apparatus of the Party, the Vietnam Fatherland Front, socio-political organizations, and State authorities; State governance and administration; rights and obligations of civil servants, public sector ethics; knowledge of society, culture and history.

3. Test duration and quantity of test questions:

a) The pre-recruitment test of candidates for the job positions that require a university degree or higher: 120 minutes, 100 questions.

b) The pre-recruitment test of candidates for the job positions that require an intermediate or associate degree: 100 minutes, 80 questions.

Article 6. Determination of passes in the test

The test results are determined by the number of correct answers in the test. Candidates who correctly answer 50% or more of the questions will be considered as passing the civil servant pre-recruitment test.

Article 7. Notification of the test and receipt of the test applications

1. Based on the annual testing plan, the Ministry of Home Affairs shall publicly announce the tests on its web portal and the website about the civil servant pre-recruitment test at least 30 days prior to the date of testing.

2. Information to be notified includes:

a) The requirements for candidates to take the test.

b) The time limit, address and location to receive the applications for the test, telephone number of the body assigned to receive the applications, the estimated cost and the account number for payment of the testing fee.

c) The form, content, time and location of the test.

3. In the case where there is any change in the time and location of the test, the Ministry of Home Affairs shall publicly announce the tests on its web portal and the website about the civil servant pre-recruitment test 30 days prior to the date of testing.

4. Any candidate applying for the test shall fill in the application made using the form issued together with this Decree and send it via the website about the civil servant pre-recruitment test.

5. The time limit for receiving the applications for the test is 30 days from the date of public announcement of the testing plan.

Article 8. Pre-recruitment Testing Council

1. The Minister of Home Affairs shall decide to establish a Council to organize the civil servant pre-recruitment test (hereinafter referred to as the Pre-recruitment Testing Council). The Pre-recruitment Testing Council has 07 or 09 members, including:

a) The Chairman of the Council, who is a leader of the Ministry of Home Affairs.

b) The Vice Chairman of the Council, who is the leadership representative of the advisory department under the Ministry of Home Affairs in charge of the testing.

c) A member cum secretary of the Council representing the advisory department under the Ministry of Home Affairs in charge of the testing.

d) Other members to be decided by the Minister of Home Affairs.

2. The Pre-recruitment Testing Council works on the principle of collective action and makes decisions by majority; in the case where the number of opinions is equal, the decision shall be made according to the opinion of the Chairman of the Council. The Civil Servant Pre-recruitment Testing Council has the following duties and powers:

a) To establish its assistant subordinates: Board for Examination of Testing Applications, Board of Examiners, and Secretariat.

b) To collect and use the testing fees in accordance with the law provisions.

c) To check the applications for the test and organize the test according to the internal rules and regulations.

d) To report to the head of the decision-maker of civil servant pre-recruitment test results for recognition of the test results.

d) To settle complaints and accusations during the test.

e) The Pre-recruitment Testing Council dissolves itself after completing its tasks.

3. Person who are grandparents, parents, siblings of either the candidates or their spouses; those who are spouses, natural or adopted children of the candidates; those who are undergoing the disciplinary period or are executing disciplinary decisions shall not be appointed as members of the Pre-recruitment Testing Council or members of the Council’s assistant subordinates.

Article 9. Order of organizing the test

1. The Pre-recruitment Testing Council announces the list and summons candidates who satisfy the requirements to take the civil servant pre-recruitment test on the web portal of the Ministry of Home Affairs and the website about the civil servant pre-recruitment test. No later than 15 days from the date of notice of summoning candidates, the Pre-recruitment Testing Council shall organize the test.

2. The test is computer-based. The test results are notified to candidates immediately after the end of the test and no re-examination of the test results is performed.

3. Within 05 working days from the end of the test, the Pre-recruitment Testing Council shall report to the head of the decision-maker of civil servant pre-recruitment test results for approval of the test results. The test results are publicized on the web portal of the Ministry of Home Affairs and the website about the civil servant pre-recruitment test.

Article 10. Use of test results

1. The results of the civil servant pre-recruitment test are valid for use within 24 months from the date of approval under the decision of the Ministry of Home Affairs. During the validity period of the test results, the candidates who pass the test may apply for the civil servant recruitment examination organized by the authorities and organizations specified in Clause 1, Article 1 of this Decree nationwide.

2. Heads of civil servant recruiters shall, based on the results of the civil servant pre-recruitment test, specify the requirements for applicants for their respective civil servant recruitment examinations and organize the 2^nd round of the examinations for those who pass the pre-recruitment test as specified in Clause 2, Article 8 and Points a and c, Clause 3, Article 14 of Decree No. 138/2020/ND-CP dated November 27, 2020, of the Government on recruitment, employment and management of civil servants (hereinafter referred to as Decree No. 138/2020/ND-CP).

3. The pre-recruitment test results of candidates for job positions that require a university degree or higher are allowed to be used as substitutes to apply for civil servant positions that requires lower education attainment provided that they satisfy the recruitment requirements.

4. Cancellation of test results.

a) Untruthfully declaring information in the application for the test.

b) In the case where the civil servant recruiter detects that a candidate is using any diploma or certificate in contravention of the law provisions, it shall send a written request to the Ministry of Home Affairs for cancellation of such candidate’s test results.

c) The list of candidates whose test results have been canceled shall be publicly announced on the web portal of the Ministry of Home Affairs, and the website about the civil servant pre-recruitment test. Candidates whose test results have been canceled are not allowed to register for the subsequent test.

Chapter III
IMPLEMENTATION PROVISIONS

Article 11. Organization of implementation

1. The Ministry of Home Affairs shall take responsibility before the Government for performing the State governance over the pre-recruitment testing of civil servants and has the following tasks and powers:

a) To promulgate internal rules and regulations on organization of the pre-recruitment test of civil servant candidates.

b) To assume the prime responsibility for, and coordinate with subordinates of the Party, Vietnam Fatherland Front, socio-political organizations, Central-level State authorities, and provincial-level People's Committees in, building and appraising a bank of questions and respective answers for the civil servant pre-recruitment test; developing software for testing and for building and managing the question bank, and building a website about the civil servant pre-recruitment test.

c) To organize the pre-recruitment test of civil servant candidates within their assigned authority.

d) To inspect and examine the use of the civil servant pre-recruitment test results.

dd) To make reports and statistics on pre-recruitment testing of civil servant candidates.

e) To settle complaints and accusations about the pre-recruitment testing of civil servant candidates in accordance with the law provisions on complaints and accusations.

2. Civil servant recruiters shall strictly comply with regulations regarding the pre-recruitment test results of their candidates.

Article 12. Transitional provisions

1. The organization of the first round of the civil servant recruitment examination shall continue to comply with Decree No. 138/2020/ND-CP until the end of July 31, 2024. During this time, those who pass the pre-recruitment test as specified in this Decree when participating in the civil servant recruitment examination are not required to take the first round as specified in Clause 1, Article 8 and Points a and b, Clause 3, Article 14 of Decree No. 138/2020/ND-CP.

2. From August 1, 2024, the civil servant recruiters shall only recruit candidates who pass the pre-recruitment test.

Article 13. Effect

1. This Circular takes effect on April 10, 2023.

2. Clause 1, Article 8 and Points a and b, Clause 3, Article 14 of Decree No. 138/2020/ND-CP shall be annulled from August 1, 2024.

Article 14. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and centrally-run cities, relevant agencies, organizations and individuals shall be responsible for implementing this Decree.

* All Appendices are not translated herein.