Mr. Vo Anh Tu (name of the character changed) said that currently the management, recruitment and reception of commune-level civil servants in the locality are directly carried out by the Provincial People's Committee according to Decree No. 170/2025/ND-CP dated July 1, 2025 of the Government on recruitment, use and management of civil servants.
He himself has been an official from 2023 to present, with a total working time of 10 years, fully participating in compulsory social insurance (BHXH), including 7 years working in the right profession.
He has architectural qualifications, currently working at the Project Management Board, in charge of the field of construction investment project management. The expected position to be considered for is a commune-level civil servant in charge of construction planning, architecture and technical infrastructure management.
Through studying Decree No. 170/2025/ND-CP, Mr. Tu said that the regulation does not set a mandatory condition of having to hold the rank of civil servant for 5 years when considering receiving a civil servant position, but uses the criterion "work time suitable for the job position". However, in reality, some opinions suggest that it is necessary to have 5 years as a civil servant to be considered for receiving a civil servant position at the commune level.
From there, he requested the Ministry of Home Affairs to clarify: The condition "5 years" (if any) is understood as 5 years of actual work suitable for the job position or 5 years of holding the rank of civil servant/public employee; the working time before being recruited as a civil servant, if paying social insurance and working in the right profession, is it considered suitable working time or not.
Regarding Mr. Tu's reflection and proposal, the Ministry of Home Affairs has responded on the Electronic Information Portal.
The Ministry of Home Affairs said that Clause 3, Article 13 of Decree No. 170/2025/ND-CP dated June 30, 2025 of the Government regulating 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 agency with 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 enforcement of disciplinary decisions, are in the period of enforcement of 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 working experience in accordance with the law, have paid compulsory social insurance (if not continuously and have not received a one-time social insurance allowance, it is accumulated, including working time if there was before in the job position specified in points b, c, d, đ, e, g and h of clause 1 of this Article), doing a job with professional and nghiệp vụ requirements suitable for 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, and register with the agency that needs to recruit civil servants for guidance and resolution.
