Ms. Nguyen Thi Tam (name of the character changed) said that she had questions about the procedures and processes for transferring from civil servant to public employee in a specific case.
According to the presentation, civil servant A was recruited from 2019, currently holding the specialist rank at Department B, holding a job position that does not directly teach but has the task of advising on the promulgation and organization of policy implementation.
After that, this civil servant participates in a lecturer recruitment at a university according to the normal recruitment process and has been admitted. The admitted position is a policy analyst lecturer.
From the above reality, she proposed that the Ministry of Home Affairs guide and clarify whether civil servant A must voluntarily resign at Department B to come to work as a freelance candidate and sign a new work contract from the beginning; or can carry out procedures to transfer from civil servant to public employee to be entitled to preserve their rights and work achievements.
Regarding Ms. Tam's reflection and recommendations, the Ministry of Home Affairs has responded on the Electronic Information Portal.
The Ministry of Home Affairs said that Point 5, Clause 7, Article 1 of Decree No. 115/2020/ND-CP (amended and supplemented in Decree No. 85/2023/ND-CP) stipulates: "In case the person recruited and admitted to public office according to the provisions of this Decree has previously worked in accordance with the provisions of law, has paid compulsory social insurance (if not continuously but has not received a one-time social insurance allowance, it is accumulated), then that time is calculated as a basis for ranking salaries according to professional titles suitable to the job position recruited and admitted if it meets all the conditions according to regulations".
Therefore, the Ministry of Home Affairs proposed that you study the above regulations to apply them appropriately.
