Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC, replied:
Article 25 of Decree 170/2025/ND-CP (effective from July 1, 2025) stipulates the transfer of civil servants as follows:
1. The transfer of civil servants is carried out in the following cases:
a) According to specific task requirements;
b) According to the planning and plan for the use of civil servants in agencies, organizations and between agencies and organizations according to the decision of the competent authority;
c) Conversion of working positions according to Party regulations and law.
2. Authority to mobilize civil servants:
The head of the agency or organization assigned or delegated to manage civil servants decides on the transfer of civil servants under the management authority or submits to the competent authority for decision according to the provisions of law.
3. Procedures for civil servant mobilization:
a) Based on the planning, working needs and capacity and strengths of civil servants, the head of the assigned agency or organization or organization or agency or organization shall be assigned and delegated to manage civil servants to develop a plan and measures to mobilize civil servants under their management, and report to competent authorities for consideration and implementation decision;
b) Make a list of civil servants to be mobilized;
c) Specific implementation measures for each case;
d) For civil servants holding leadership and management positions, carry out the transfer procedures as in the case of appointing civil servants in leadership and management positions from human resources elsewhere as prescribed in Clause 3, Article 33 of this Decree.
4. Before deciding to transfer civil servants, the head of the agency assigned or delegated to manage civil servants needs to meet with civil servants to clearly state the purpose and necessity of the transfer to listen to civil servants propose opinions before deciding according to authority or report to competent authorities for consideration and decision.
5. Cases of not implementing mobilization
a) Civil servants who are under review and disciplinary action;
b) Civil servants who are being prosecuted, investigated or are involved in inspections and checks;
c) Civil servants undergoing treatment for serious illnesses as prescribed by the Ministry of Health;
d) Civil servants who are participating in long-term studies or are being seconded according to a decision of a competent authority;
dd) Female civil servants who are pregnant, on maternity leave, raising children under 36 months old or male civil servants (in case of wife's death or for other objective or force majeure reasons) raising children under 36 months old, except in cases of wishes to be transferred;
e) Civil servants in particularly difficult circumstances, confirmed by the head of the agency employing the civil servant, except in cases where they wish to be transferred;
g) Other cases decided by the head of the competent authority depending on each specific situation.
Therefore, the mobilization of civil servants is carried out according to the above regulations.
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