Ministry of Home Affairs guides on how to calculate 5 years of service when receiving a civil servant position

Mr. Nguyen Van Tu (name of the character changed) said that he is currently an official working at a public non-business unit. When studying the regulations on receiving civil servants in Decree No. 300/2026/ND-CP amending and supplementing a number of articles of Decree No. 170/2025/ND-CP, he had some difficulties that needed guidance.

Point d, Clause 2, Article 3 of Decree No. 300/2026/ND-CP stipulates that civil servants proposed for recruitment as civil servants must have worked for 5 years or more, doing work requiring appropriate professional and nghiệp vụ training.

From this regulation, Mr. Tu asked whether 5 years of work is mandatory to be performed continuously at the same job position or not?

In addition, for cases where public employees have held many different job positions due to job transfer or being sent or assigned to different departments and professional divisions, is the working time in these positions accumulated to calculate 5 years of eligibility?

Mr. Tu also proposed to clarify whether, if the working time in many different positions is accumulated, the requirements for professional training and skills suitable for the job position expected to be received are assessed throughout the working process or must be met in each separate stage.

He hopes to receive specific guidance from competent authorities to grasp and properly implement legal regulations.

Regarding his reflections and recommendations, the Ministry of Home Affairs has responded at the Electronic Information Portal.

Based on point d, clause 2, Article 3 of Decree No. 300/2026/ND-CP amending and supplementing Decree No. 170/2025/ND-CP, civil servants who are proposed for recruitment as civil servants must have worked for 5 years or more, doing work requiring professional and nghiệp vụ training suitable to the expected job position.

This working time must be continuous before being received, have compulsory social insurance contributions and be ranked in salary corresponding to the job at the expected job position to be received (excluding probationary and trial periods, if any). For some cases specified in points d and g, clause 1, Article 13, it is not mandatory to meet the corresponding salary ranking requirements.

Notably, in cases where there is working time in positions specified in points b, c, d, e, g, clause 1, Article 13 or in positions of commune-level cadres and civil servants, time can be accumulated if the above requirements are met.

The Ministry of Home Affairs also clarified that the job that requires a professional and nghiệp vụ training level suitable for the expected job position is a job associated with the training major, requiring the use of professional knowledge and skills suitable for the job description and the competency framework of that job position.

Based on Article 67 and Article 68 of Decree No. 170/2025/ND-CP (amended and supplemented in Decree No. 300/2026/ND-CP), the Ministry of Home Affairs requests you to contact the competent authority managing civil servants for guidance and resolution.

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