Mr. Cao Van Ba (name of the character changed) said that in the process of implementing the Provincial People's Committee's Decision on approving the list of job positions and the proportion of civil servants according to ranks arranged according to job positions, the unit still encountered obstacles in applying regulations on civil servant rank structure.
According to Mr. Ba, the unit proposed that the Ministry of Home Affairs guide a unified understanding of the regulation "civil servants holding the rank of principal specialist and equivalent not exceeding 50% of the total assigned staff". This ratio is calculated on the total civil servant staff assigned by the Provincial People's Committee to the department, the staff of Directors of Departments allocated to each department, affiliated unit or the number of civil servants arranged in each job position.
In addition, Mr. Ba also requested the Ministry of Home Affairs to clarify whether the list of job positions stipulates that one position has multiple civil servant ranks, such as principal specialist in organizational personnel and specialist in organizational personnel, is understood as suitable ranks that can be arranged for that position or is mandatory to arrange all the ranks that have been regulated.
According to Mr. Ba, in the case of two civil servants concurrently holding positions in personnel organization, both meeting the standards and conditions for appointment to the rank of chief specialist and the appointment still ensures that the proportion of civil servants holding the rank of chief specialist of the entire department does not exceed 50% of the total assigned staff, the unit also requested the Ministry of Home Affairs to guide whether the Director of the Department can appoint both civil servants to the rank of chief specialist or must be arranged according to the rank structure shown in the list of job positions.
Responding to this proposal at the Electronic Information Portal, the Ministry of Home Affairs said that, based on Decree No. 361/2025/ND-CP of the Government, the proportion of civil servants arranged according to job positions ranked as principal specialists and equivalents of specialized agencies under the province does not exceed 50% of the total civil servant payroll of that specialized agency assigned by competent authorities.
The arrangement of civil servant ranks according to job positions is based on functions, tasks, powers, organizational structure according to regulations of competent authorities, job description (output results) and capacity framework of each job position.
This content is under the authority and responsibility of the civil servant use agency, of the provincial-level People's Committee, and does not require the full arrangement of civil servant ranks that have been specified in the list of job positions.
Decree No. 361/2025/ND-CP of the Government also stipulates that civil servants assigned to which job positions are ranked according to that job position.
The ranking of civil servant ranks according to job positions for professional and nghiệp vụ civil servants must be based on the job description and competency framework of the job position.
Thus, the ranking of civil servant ranks for the "Organization and Personnel" job position at the Department level must be based on the job description (output results) and the capacity framework of each job position, ensuring that it does not exceed the proportion arranged according to regulations.
