Ministry of Home Affairs clarifies regulations on receiving civil servants for people with less than 5 years of service

HƯƠNG NHA |

The Ministry of Home Affairs clarified the regulations on 5-year working conditions when receiving civil servants, emphasizing that it is necessary to ensure compliance with standards and assigned staffing targets.

Mr. Nguyen Van Viet (name changed), a non-specialized official working in a commune in An Giang province, said that he has worked in the locality for 10 years and was awarded a Bachelor of Laws degree 2 years ago.

According to Mr. Viet, implementing the Central Government's guidance on receiving non-specialized cadres (CBKCT) at the commune level to become civil servants after arranging the local government at 2 levels, he realized that he has a university degree suitable for his major, has a practical working process at the grassroots level and always completes assigned tasks well. However, he has not yet met the condition of having 5 years from the date of being granted a university degree as prescribed.

He believes that not having enough 5 years from the time of obtaining a university degree is a conditional obstacle, not due to limitations in capacity or professional qualifications. According to reports, there are many similar cases in the commune where he works.

From the above reality, Mr. Viet proposed that the Ministry of Home Affairs consider having guidance or flexible mechanisms for CBKCT who have a suitable university degree but not enough 5 years, based on the assessment of the working process and practical capacity.

At the same time, he proposed to allow the locality to consider receiving them conditionally or according to an appropriate roadmap, in order to effectively use the team of cadres who have been trained and are working stably at the grassroots level.

Regarding Mr. Viet's proposal, the Ministry of Home Affairs has responded on the Electronic Information Portal.

Clause 3, Article 13 of Decree No. 170/2025/ND-CP dated June 30, 2025 of the Government stipulating the recruitment, use and management of civil servants stipulates: Based on the proportion of civil servants to be arranged according to each job position in the agency using civil servants, the assigned staff quota and the requirements of the job position to be recruited, the head of the recruiting authority or the head of the management agency shall consider and receive them to become civil servants for the cases specified in Clause 1 of this Article if they meet the conditions for registering for civil servant recruitment according to the provisions of Clause 1, Article 19 of the Law on Cadres and Civil Servants, except for the cases specified in Clause 3, Article 19 of the Law on Cadres and Civil Servants or are in the period of disciplinary action, are in the period of enforcing disciplinary decisions, are in the period of enforcing discipline according to the provisions of the Party and law.

At the same time, point b of this clause stipulates: In cases specified in points b, c, d, e, g and h of clause 1 of this Article, they must have 5 years or more of work in accordance with the law, have paid compulsory social insurance (BHXH) (if not continuously and have not received a one-time social insurance allowance, then it is accumulated, including the working time if it was previously in the job position specified in points b, c, d, đ, e, g and h of clause 1 of this Article), do a job with professional and nghiệp vụ requirements suitable to the job position expected to be received.

Therefore, the Ministry of Home Affairs requests him to study the above regulations and his personal records and work process to register with agencies that need to recruit civil servants for guidance and resolution.

HƯƠNG NHA
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