Mr. Nguyen Lam has an introduction letter from the Ministry of Home Affairs sent to the local authorities in 2019 as he met the conditions and standards for recruitment according to the talent attraction policy in Decree No. 140/2017/ND-CP, but the Department of Home Affairs responded that they would not re-recruit him as he was already a civil servant and had gone through the recruitment process before.
Currently, Mr. Lam wishes to register to undergo the recruitment process again according to Decree No. 140/2017/ND-CP as per the Ministry of Home Affairs' opinion, but he has now exceeded the age limit and must fall within the age range stipulated by the Youth Law.
"I see this as a shortcoming in policy implementation, overlooking eligible beneficiaries... Is the local authority's failure to implement the policy for eligible individuals a violation of principles and a lack of responsibility as stipulated in Article 6 of Decree No. 140/2017/ND-CP?" Mr. Lam questioned.
Regarding Mr. Nguyen Lam's reflections and petitions, the Ministry of Home Affairs has responded on the electronic information portal.
Based on Decree No. 138/2020/ND-CP dated November 27, 2020, of the Government on the recruitment, use, and management of civil servants; Decree No. 140/2017/ND-CP dated December 5, 2017, of the Government on policies to attract and create sources of officials from outstanding graduates and young scientists, the Ministry of Home Affairs has responded to the petition regarding the recruitment of civil servants according to the attraction policy for those who have already passed the civil servant exam under Decree No. 138/2020/ND-CP.
If a candidate is a civil servant recruited under Decree No. 138/2020/ND-CP but wishes to be recruited under the attraction policy stipulated in Decree No. 140/2017/ND-CP, they must resign from their current agency and register for the recruitment according to the job position requirements stipulated in the recruitment plan for civil servants and public employees according to the attraction policy of the recruiting agencies and units.
Since Mr. Nguyen Lam's petition did not clearly state whether he participated in the recruitment plan for civil servants under Decree No. 140/2017/ND-CP of the local authority after completing the resignation procedures for civil servants, the Ministry of Home Affairs has no basis to provide a specific response.
If he has not resigned but participated in the recruitment, the Department of Home Affairs' response not to recruit him as he is already a civil servant according to the recruitment process mentioned in the citizen's petition is in accordance with current regulations on the recruitment, use, and management of civil servants.
Article 2 of Decree No. 140/2017/ND-CP stipulates that outstanding graduates and young scientists who meet the age, achievement, and qualification standards are considered for the attraction policy.
The above regulation aims to concretize the objectives and viewpoints in Conclusion No. 86-KL/TW dated January 24, 2014, of the Politburo on nurturing talents, creating sources of officials, civil servants, public employees, and experts in various fields to serve long-term for the cause of socio-economic development and national defense.
If a candidate recruited as a civil servant under Decree No. 138/2020/ND-CP resigns to participate in the civil servant recruitment under Decree No. 140/2017/ND-CP, they are considered a new applicant and must meet the age, achievement, and qualification standards and undergo the recruitment process stipulated in Decree No. 140/2017/ND-CP.
The Ministry of Home Affairs acknowledges Mr. Nguyen Lam's petition to abolish the age regulation and will continue to review, research, assess the impact, and report to the competent authorities for consideration and decision to align with the practical implementation of the attraction policy, and the utilization of talented individuals in public service activities.
