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

DECREE

Prescribing civil servant candidates’ qualification accreditation^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law 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 November 13, 2008 Law on Cadres and Civil Servants; and the November 25, 2019 Law 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 promulgates the Decree prescribing civil servant candidates’ qualification accreditation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the principles, conditions, competence, contents, and form of accreditation of qualifications of persons registering for participation in civil servant recruitment exams at agencies of the Vietnam Communist Party, Vietnam Fatherland Front, socio-political organizations, and state agencies at central, provincial and district levels.

2. Civil servant candidates’ qualification accreditation under this Decree shall apply to persons who register for participation in civil servant recruitment exams.

Article 2. Principles of civil servant candidates’ qualification accreditation

1. Civil servant candidates’ qualification accreditation means evaluation and recognition of the necessary background knowledge of candidates before participating in civil servant recruitment exams at competent agencies.

2. Principles of civil servant candidates’ qualification accreditation:

a/ Ensuring publicity, transparency, objectivity and lawfulness.

b/ Ensuring practicality, efficiency and thrift.

c/ Accreditation test results are used uniformly nationwide.

d/ Candidates are not subject to any limitations on the number of times of registeration for participation in accreditation tests.

dd/ To enhance the application of information technology and digital transformation in the organization of civil servant candidates’ qualification accreditation tests.

Chapter II

ORGANIZATION OF CIVIL SERVANT CANDIDATES’ QUALIFICATION ACCREDITATION

Article 3. Conditions for registration for participation in civil servant candidates’ qualification accreditation tests

1. Conditions for registration for participation in civil servant candidates’ qualification accreditation tests must comply with Clause 1, Article 36 of the Law on Cadres and Civil Servants.

2. Those falling into the cases specified in Clause 2, Article 36 of the Law on Cadres and Civil Servants are not allowed to register for participation in civil servant candidates’ qualification accreditation tests.

Article 4. Organization of civil servant candidates’ qualification accreditation tests

1. The Ministry of Home Affairs is the agency competent to organize civil servant candidates’ qualification accreditation tests.

2. Civil servant candidates’ qualification accreditation tests shall be held twice a year in July and November.

3. Before January 31 every year, the Ministry of Home Affairs shall announce the plan on organization of civil servant candidates’ qualification accreditation tests on its portal and the website on civil servant candidates’ qualification accreditation.

4. In case a civil servant-recruiting agency has demand for civil servant candidates’ qualification accreditation, it shall formulate and announce a plan on civil servant candidates’ qualification accreditation according to Article 7 of this Decree and receive registration forms for participation in civil servant candidates’ qualification accreditation tests at the portals of agencies, organizations and units under its management, and make a list of candidates and send it to the Ministry of Home Affairs for the latter to organize the accreditation tests. The Ministry of Home Affairs shall organize an accreditation test within 30 days after receiving the list.

Article 5. Form, contents and time of accreditation tests

1. Form of accreditation tests: computer-based multiple-choice test.

2. Contents of accreditation tests: evaluation of examinees’ thinking capacity; capacity to apply knowledge into practice; and general and basic understanding of the political system, the organizational apparatus of the Vietnam Communist Party, Vietnam Fatherland Front, socio-political organizations, and state agencies; state administrative management; rights and obligations of civil servants, ethics in performance of official duties; and social, cultural and historical knowledge.

3. Test time and number of test questions:

a/ For candidates for job positions that require a university or higher degree, a qualification accreditation test shall last for 120 minutes with 100 test questions.

b/ For candidates for job positions that require an intermediate or college degree,  a qualification accreditation test shall last for 100 minutes with 80 test questions.

Article 6. Determination of pass results at qualification accreditation tests

Accreditation test results shall be determined by the number of correct answers. An examinee who correctly answers 50% or more of the test questions will be determined as meeting civil servant candidates’ qualification accreditation requirements.

Article 7. Announcement of organization of civil servant candidates’ qualification accreditation tests and receipt of registration forms for participation in accreditation tests

1. Based on the annual plan on organization of civil servant candidates’ qualification accreditation tests, the Ministry of Home Affairs shall make a public announcement of an accreditation test on its portal and the website on civil servant candidates’ qualification accreditation no more than 30 days prior to the date the accreditation test is organized.

2. Contents of an announcement:

a/ Conditions for registration for participation in the accreditation test.

b/ Time limit, address and place for receipt of registration forms for participation in the accreditation test, telephone number of the section assigned to receive registration forms, expense for candidates’ participation in the accreditation test and bank account number for payment of the expense.

c/ Form, content, time and place of organization of the accreditation test.

3. In case there is a change in the time and place of organization of the accreditation test, the Ministry of Home Affairs shall make a public announcement on its portal and the website on civil servant candidates’ qualification accreditation at least 30 days prior to the date the accreditation test is organized.

4. Those who register for participating in the accreditation test shall fill in the registration forms for participation in the accreditation test provided in the Appendix to this Decree and send the forms via the website on civil servant candidates’ qualification accreditation.

5. The time limit for receipt of registration forms is 30 days from the date the plan on organization of the accreditation test is publicized.

Article 8. Accreditation Council

1. The Minister of Home Affairs shall decide to establish an Accreditation Council to organize a civil servant candidates’ qualification accreditation test (below referred to as the Accreditation Council). The Accreditation Council has 7 or 9 members, including:

a/ A Chairperson who is a leader of the Ministry of Home Affairs.

b/ A Vice Chairperson who is a leader of the Ministry of Home Affairs’ advisory section specialized in civil servant candidates’ qualification accreditation.

c/ A member-cum-Secretary who is a representative of the Ministry of Home Affairs’ advisory section specialized in civil servant candidates’ qualification accreditation.

d/ Other members as decided by the Minister of Home Affairs.

2. The Accreditation Council shall work on a collective basis and make decisions by majority rule; in case of an equality of opinions, decision shall be made based on the opinion of the Chairperson of the Council. The Accreditation Council has the following tasks and powers:

a/ To set up the assisting sections, including the board for checking registration forms for participation in the accreditation test, invigilation board, and secretariat.

b/ To organize the collection of expenses for organization of the accreditation test and use the expenses according to regulations.

c/ To check registration forms for participation in the accreditation test and organize the accreditation test according to internal rules and regulations.

d/ To report and propose the head of the agency competent to conduct civil servant candidates’ qualification accreditation to decide to recognize the accreditation test results.

d/ To settle complaints and denunciations during the course of organization of the accreditation test.

e/ The Accreditation Council shall dissolve after having completed its tasks.

3. The grandfathers, grandmothers, fathers, mothers, or siblings of persons registering for participation in the accreditation test or of their spouses; spouses and natural children or adopted children of persons registering for participation in the accreditation test; and those who are currently subject to disciplinary measures or are currently executing disciplinary decisions may not be assigned to act as members of the Accreditation Council or members of the assisting sections of the Accreditation Council.

Article 9. Order of organization of an accreditation test

1. The Accreditation Council shall announce the list of candidates on the portal of the Ministry of Home Affairs and the website on civil servant candidates’ qualification accreditation and summon qualified candidates to participate in the accreditation test. The Accreditation Council shall organize the accreditation test within 15 days after issuing the summons.

2. The accreditation test shall be carried out on computers. Accreditation test results shall be notified to examinees as soon as the test time ends and may not be re-scored.

3. Within 5 working days after the accreditation test ends, the Accreditation Council shall report and propose the head of the agency competent to conduct civil servant candidates’ qualification accreditation to approve accreditation test results; accreditation test results shall be publicized on the Ministry of Home Affairs’ portal and the website on civil servant candidates’ qualification accreditation.

Article 10. Use of accreditation test results

1. Civil servant candidates’ qualification accreditation test results shall be valid for 24 months from the date the result approval decision is issued by the Ministry of Home Affairs. A person who passes the accreditation test may register for participation in civil servant recruitment exams at the agencies and organizations specified in Clause 1, Article 1 of this Decree nationwide during the validity period of his/her accreditation test results.

2. Heads of agencies or organizations competent to recruit civil servants shall, based on civil servant candidates’ qualification accreditation test results, specify the conditions for registration for participation in civil servant recruitment exams and organize the second round of exams for those who pass the accreditation test under Clause 2, Article 8 and Points a and c, Clause 3, Article 14 of the Government’s Decree No. 138/2020/ND-CP of November 27, 2020, on recruitment, employment and management of civil servants (below referred to as Decree No. 138/2020/ND-CP).

3. Results of qualification accreditation tests of candidates for job positions requiring a university or higher degree may be used as substitutes for results of qualification accreditation tests of candidates for job positions with lower qualification requirements when registering for participation in civil servant recruitment exams in conformity with recruitment requirements.

4. Cancellation of accreditation test results

a/ The accreditation test result shall be cancelled when it is detected that the registration form for participation in the accreditation test is incorrectly filled in.

b/ When detecting that a recruited person uses diplomas, certificates or written certifications in contravention of regulations, an agency, organization or unit competent to recruit civil servants shall send a report thereon to the Ministry of Home Affairs for the latter to cancel such person’s accreditation test result.

c/ The list of persons subject to cancellation of accreditation test results shall be publicized on the Ministry of Home Affairs’ portal and the website on civil servant candidates’ qualification accreditation. Persons whose accreditation test results are canceled are not allowed to register for participating in the subsequent accreditation test.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Organization of implementation

1. The Ministry of Home Affairs shall be held responsible before the Government for performing the state management of civil servant candidates’ qualification accreditation and has the following tasks and powers:

a/ To issue internal rules and regulations on organization of civil servant candidates’ qualification accreditation.

b/ To assume the prime responsibility for, and coordinate with agencies of the Vietnam Communist Party, Vietnam Fatherland Front, socio-political organizations, central state agencies, and provincial-level People’s Committees in, building and appraising question banks and answers for use in civil servant candidates’ qualification accreditation; and develop software for organization of accreditation tests, software for building and managing question banks, and the website on civil servant candidates’ qualification accreditation.

c/ To organize civil servant candidates’ qualification accreditation tests according to its assigned competence.

d/ To inspect and examine the use of civil servant candidates’ qualification accreditation test results.

dd/ To make reports and statistics on civil servant candidates’ qualification accreditation.

e/ To settle complaints and denunciations about civil servant candidates’ qualification accreditation in accordance with the law on complaints and denunciations.

2. Agencies competent to recruit civil servants shall comply with regulations on civil servant candidates’ qualification accreditation test results of persons registering for participation in civil servant recruitment exams.

Article 12. Transitional provisions

1. The organization of the first round of civil servant recruitment exams must continue to comply with Decree No. 138/2020/ND-CP through July 31, 2024. During this time, those who pass qualification accreditation tests as prescribed in this Decree shall, when participating in civil service recruitment exams, not be required to sit the first round of the exams under 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, civil servant recruitment agencies will only recruit civil servants who have passed qualification accreditation tests.

Article 13. Effect

1. This Decree 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 will be annulled from August 1, 2024.

Article 14. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The Appendix to this Decree is not translated.