Ministry of Home Affairs clarifies the calculation of 5 years of service when receiving civil servants

Mr. Nguyen Van Trong (name of the character changed) said that he is studying the case of receiving a civil servant under Article 13 of Decree No. 170/2025/ND-CP of the Government, amended and supplemented in Article 3 of Decree No. 300/2026/ND-CP.

According to Mr. Trong, from 2008 to December 11, 2022, he worked under a labor contract at a public non-business unit, participated in compulsory social insurance (BHXH) continuously and did not receive one-time social insurance benefits.

From December 12, 2022 to now, he has been recruited as an official and continues to perform the above-mentioned professional work, according to the official rank code V.05. 02. 07.

Through studying the regulations in Article 13 of Decree No. 170/2025/ND-CP, Mr. Trong understood that the person considered for recruitment as a civil servant must be an employee and meet the condition of having 5 years or more of service and having compulsory social insurance contributions.

In case the working time is not continuous and social insurance benefits have not been received once, it is accumulated, and the previous working time at the job positions according to regulations can also be calculated.

However, Mr. Trong is concerned about whether the working time under a labor contract at a public non-business unit, with compulsory social insurance contributions and performing appropriate professional work before being recruited as a civil servant, is included in the working time to determine the reception conditions or not.

Regarding Mr. Trong's question, the Ministry of Home Affairs has responded on the Electronic Information Portal.

According to the provisions of Article 13 of Decree No. 170/2025/ND-CP dated June 30, 2025 of the Government stipulating the recruitment, use and management of civil servants (amended and supplemented in Decree No. 300/2026/ND-CP dated July 29, 2026); point d, clause 2 stipulates:

People considered for recruitment into civil servants according to regulations must have 5 years or more of working experience in a job that requires appropriate training, expertise, and professional skills and the requirements of the expected job position to be received.

The working time according to regulations at this time is continuous time before receiving a job at a suitable professional and nghiệp vụ training level (excluding probationary and trial periods, if any), with compulsory social insurance contributions and salary rank corresponding to the job position expected to be received.

For some cases, according to regulations, it is not mandatory to rank salaries accordingly.

The Ministry of Home Affairs also noted that cases with working time in positions specified in Article 13 or in positions of commune-level cadres and civil servants according to the provisions of the Law on Cadres and Civil Servants No. 22/2008/QH12 (amended and supplemented by a number of articles according to Law No. 52/2019/QH14) are accumulated if they ensure meeting the requirements in this point.

A job that requires a professional and nghiệp vụ training level suitable for the job position expected to be received is a job associated with a training major that requires the use of knowledge, skills, and expertise suitable for the description and competency framework of the job position expected to be received.

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