Legal Consulting Department of Lao Dong Newspaper answers:
Clause 4, Article 8 of Decree 300/2026/ND-CP (effective from August 1, 2026) stipulates the amendment and supplementation of Article 23 of Decree No. 170/2025/ND-CR stipulating the standards and conditions for civil servants when changing positions as follows:
a) For the cases specified in point a, clause 3 of this Article, civil servants must meet the standards and conditions for appointment to leadership and management positions according to the regulations of competent authorities on personnel work.
b) For the cases specified in point b, clause 3 of this Article, civil servants must meet all the following standards and conditions:
Meeting the standards and conditions on capacity, professional qualifications, and nghiệp vụ according to the requirements of the job description and the expected job position capacity framework;
Being classified as having completed tasks well or better in the work year immediately preceding the year of job change;
Not within the time limit for disciplinary action; not within the time of complying with the disciplinary decision; not within the time of being prosecuted, investigated, prosecuted, or tried; not within the time of implementing regulations related to discipline according to Party regulations and the law;
Have directly advised on work with complexity, scope and capacity requirements equivalent to the expected position assigned; have task performance results shown through the quantity, quality and progress of products at the assigned job position in accordance with the expected job position assigned.
c) For the cases specified in point c, clause 3 of this Article, civil servants must meet the standards and conditions on capacity, professional qualifications, and nghiệp vụ according to the requirements of the job description and the expected job position capacity framework.
d) For the cases specified in point d, clause 3 of this Article, the competent authority shall consider and decide to change the job position when there is one of the following grounds:
Civil servants who do not meet the task requirements according to the results of regular monitoring and evaluation or quality classification do not complete the tasks according to the results of annual quality assessment and classification. In case they do not have a job position suitable to their capacity and qualifications or have a suitable job position but have been arranged in sufficient quantity according to the proportion of civil servants approved by competent authorities, competent authorities shall consider and decide to dismiss them and resolve regimes and policies according to the provisions of law.
Civil servants who voluntarily request job change and are approved by competent authorities.
Thus, from August 1, 2026, there are 4 cases of job position changes for civil servants according to the above regulations.
Legal advice
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