|
NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No: 80/2025/QH15 |
Hanoi, June 24, 2025 |
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.
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.
2. Civil servants are Vietnamese citizens who are recruited for employment positions 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; in agencies or units of the Vietnam People’s Armed Forces other than officers, non-commissioned officers and conscripts serving under the professional regime, public-security workers; in cipher organizations other than cipher officers, included in the staffing quotas and salaried from the state budget.
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.
3. Implement the principles of democratic centralism, personal responsibility regime, and clear assignment and delegation.
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.
5. Funding for implementing policies for individuals specified in clauses 1 and 2 of this Article shall be covered by the state budget; Ministries, departments, central and provincial authorities may mobilize other legal sources to implement these policies.
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.
8. Designation means an act of a competent authority deciding to designate a cadre or a civil servant to hold a position or title within the organization, agency, or unit.
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.
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
Cadres and civil servants have the obligations to:
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.
4. Efficiently and economically protect, manage and use assigned public property.
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;
6. Promptly settle complaints, denunciations and proposals of individuals and organizations according to their competence or refer them to competent agencies for settlement;
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.
6. Be legally protected during official-duty performance.
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.
Section 3. ETHICS AND COMMUNICATION CULTURE OF CADRES AND CIVIL SERVANTS
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.
b) Cadres and civil servants must respect and listen to opinions of the People; have serious and modest manners; their communication language must be standardized, clear and coherent;
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.
6. Engage in prohibited acts related to production, business, or human resources management as stipulated by laws on anti-corruption, practices of thrift, waste prevention, state secret protection, and other regulations by law and competent authorities during employment and after resigning or retiring.
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
1. The transfer, rotation, training, advanced training, assessment, dismissal, resignation, relief of duty and other contents relevant to cadres shall be carried out as per laws and regulations of competent authorities.
2. Cadres shall retire in accordance with labor laws, except in cases where it is carried out in accordance with regulations of competent authorities.
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.
Article 19. Conditions for registration for recruitment of civil servants
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:
a) lacks or has restricted civil act capacity; is a person with cognitive difficulties, lacks of self-control;
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.
4. The recruited individuals will be appointed to specific positions and assigned to the corresponding pay grade.
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
The selection and designation of Judges in People’s Courts and Prosecutors in People’s Procuracy shall comply with laws on the organization of People’s Courts and People’s Procuracies.
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;
c) Job description and competency framework for the job position.
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;
c) Principal specialists and equivalents;
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
1. Principles of evaluation:
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.
4. Evaluation content:
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:
a) Outstanding completion of tasks;
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.
2. The Government of Vietnam shall elaborate this Article.
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.
3. Civil servants participating in training and advanced training are entitled to benefits and policies as prescribed by law.
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
1. Civil servants shall be designated as a leading and managing civil servant by a decision of the competent authority. In the case where a civil servant is designated to a new leading or managing position, he/she shall automatically cease holding the current leading or managing position, except in cases of holding multiple positions.
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.
3. Authority, procedures, and regulations on job discontinuation, retirement and benefits and policies thereof for civil servants shall be implemented in accordance with regulations of competent authorities and the Government of Vietnam.
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;
c) He/she implements proposals for innovations, creativity that are allowed and determined to be compliant with regulations, with clear motivation, for the common good by competent authorities
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.
2. Cadres who are sentenced to imprisonment by a court without suspension of sentence, or who are convicted of corruption shall be dismissed from the effective date of the court judgment or decision; cadres 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 elected, approved, designated, or appointed.
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.
Article 37. Statutes of limitations and time limits for disciplining
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.
3. The time limit for imposition of disciplinary actions against cadres and civil servants shall be counted from the time of detecting the violation to the issuance of a disciplinary decision by the competent authority.
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
Heads of competent authorities may decide to suspend work for cadres and civil servants in cases where violations are detected during the performance of duties or upon the request of competent authorities.
The Government of Vietnam shall elaborate this Article.
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.
6. Inspection on official duties; handling of complaints, denunciations as prescribed by law.
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.
Article 42. Records and management of records of cadres and civil servants
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.
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.
3. The handling of violations during official-duty performance of cadres and civil servants who have retired is stipulated as follows:
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.
Article 45. Transition clauses
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 |
