Lawyer Ho Thu Trang, YouMe Law Company Limited answers:
Article 11 of Decree No. 335/2025/ND-CP Regulating the evaluation and classification of quality for state administrative agencies and civil servants (effective from January 1, 2026), stipulates special cases in monitoring, evaluating, and classifying the quality of civil servants as follows:
1. Civil servants who have worked for less than 06 months in the year are not classified as quality, except for cases specified in Clause 2 of this Article.
2. Civil servants who take separate leave without pay but ensure working time from 06 months or more; take sick leave or maternity leave according to the provisions of the law on social insurance, the quality ranking results in the year are the quality ranking results of the actual working time of that year.
3. Civil servants who are disciplined by the Party or administratively disciplined shall be evaluated and classified for quality as follows:
a) Civil servants who are disciplined by the Party or administratively disciplined in the year of assessment due to degradation in political ideology, morality, lifestyle, violations related to public service activities are classified as having not completed their tasks.
In case of being disciplined by the Party and administratively disciplined for the same violation, but the decision on Party discipline and the decision on administrative discipline are not effective in the same evaluation year, they will only be considered as a basis for ranking quality in one evaluation year.
b) In case there is a violation and there is no disciplinary decision from the competent authority but it has been used as a basis for classifying quality at the level of not completing tasks in the evaluation year, the disciplinary decision issued after the evaluation year for that violation (if any) is not counted as a basis for classifying quality in the year of the disciplinary decision.
c) In case civil servants have shortcomings and violations occurring in the old organization but are disciplined and disciplined in the newly transferred organization, they are included in the evaluation and classification results of the old organization.
d) In case civil servants have shortcomings and violations occurring in both the old and new organizations, being disciplined and disciplined in the old and newly transferred organizations, the form of discipline is included in the evaluation and classification results according to the time of determining the violation at each organization.
Thus, from January 1, 2026, monitoring, evaluating, and ranking the quality of civil servants in special cases will be implemented according to the above regulations.
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