Ministry of Home Affairs guides cases of civil servants facing 5-year conditions when becoming civil servants

Mr. Huynh Van Thien (name of the character changed) said that he was recruited as an official in 2012, with a university degree in Seafood Processing, graduated in 2010, rank code V.05. 02. 07. He paid compulsory social insurance from 2010 to 2021. In 2021, he graduated from university majoring in Law.

During his work in the fisheries surveillance force, he performed tasks related to administrative sanctions against fishing vessels, handling fishing vessels violating foreign waters.

In August 2026, when considered for recruitment as a civil servant, Mr. Thien compared his case with point b, clause 3, Article 13 of Decree 170/2025/ND-CP.

According to this regulation, some cases of recruitment into civil service must have 5 years or more of service in accordance with the law, have compulsory social insurance contributions and work with professional and nghiệp vụ requirements suitable to the expected job position.

However, he said that the unit applies the content in item 2 of Official Dispatch No. 10378/BNV-CCVC dated November 7, 2025 of the Ministry of Home Affairs exchanging expertise with Lam Dong province, accordingly interpreting the above condition as a requirement "having a university degree of 5 years or more".

According to Mr. Thien, this interpretation is not directly regulated in Decree 170/2025/ND-CP. He is concerned about how to determine the 5-year period, whether it is calculated according to the year of graduation or must calculate the full number of months from the date of issuance of the University degree in Law.

From the above obstacles, Mr. Thien requested the Ministry of Home Affairs to guide the application of regulations on conditions for receiving civil servants for his case, and at the same time clarify whether the unit based on the above official dispatch to determine that he did not meet the conditions for receiving is in accordance with regulations or not.

Regarding the reflection and recommendations of Mr. Huynh Van Thien, the Ministry of Home Affairs has responded on the Electronic Information Portal.

According to the Ministry of Home Affairs, on July 29, 2026, the Government issued Decree No. 300/2026/ND-CP amending and supplementing a number of articles of Decree No. 170/2025/ND-CP on recruitment, use and management of civil servants.

In which, Article 3 of Decree No. 300/2026/ND-CP amends and supplements Article 13 of Decree No. 170/2025/ND-CP on subjects, standards, and conditions for receiving public employees to become civil servants.

Based on the above regulations and the tasks and powers of agencies and units specified in Articles 66, 67, 68 of Decree No. 170/2025/ND-CP (amended and supplemented by Decree No. 300/2026/ND-CP), the Ministry of Home Affairs requests Mr. Thien to contact and exchange with competent authorities for consideration, guidance, and resolution.

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