Ministry of Home Affairs sets conditions for arranging civil servants to higher ranks

Ms. Vo Pham Quynh (character name changed) said that in July 2025, after graduating from university, Ms. Quynh made a dossier requesting to transfer from cadre (code number 01.004) to specialist (code number 01.003).

However, the Party Building Committee of the Commune Party Committee replied that, according to the exchange of opinions of the Organization and Personnel Department - Provincial Party Committee Organization Committee, there is currently no specific guiding document for this case.

The consideration and decision to transfer ranks are under the authority of the competent authority of the Provincial Party Committee. Therefore, the Party Building Committee of the Commune Party Committee does not have sufficient basis and authority to advise the Commune Party Committee to decide on the salary transfer from the civil servant rank (or equivalent) to the specialist rank.

From the above reality, Ms. Quynh requested competent authorities to clarify whether the answer of the Commune Party Committee's Party Building Board was in accordance with regulations, and at the same time to indicate whether her case was eligible for transfer from cadre to specialist.

Regarding the reflection and petition of citizen Vo Pham Quynh, the Ministry of Home Affairs answers as follows:

According to point a, clause 1, Article 9 of Decree No. 361/2025/ND-CP, civil servants assigned to which job positions are ranked according to that job position. The rank of civil servants according to job positions for professional and nghiệp vụ civil servants must be based on the job description and competency framework of the job position.

Regarding the standards and conditions for civil servants when assigned to job positions with civil servant ranks ranked according to professional and nghiệp vụ ranks higher than the current rank, the Ministry of Home Affairs said that the implementation is according to point b, clause 4, Article 23 of Decree No. 170/2025/ND-CP, amended and supplemented in Decree No. 300/2026/ND-CP.

Accordingly, there is no requirement for conditions on holding ranks lower than adjacent ranks or requiring them to be in the same industry or field as regulations on civil servant promotion exams and considerations in the past.

Clause 5, Article 23 of Decree No. 170/2025/ND-CP, amended and supplemented in Decree No. 300/2026/ND-CP, stipulates that the head of the agency using civil servants must develop a plan to change the job position when arranging civil servants for professional and nghiệp vụ positions with civil servant ranks ranked according to professional and nghiệp vụ ranks higher than the current rank, and at the same time report to the civil servant management agency for unification before implementation.

The job change plan must include evaluation criteria, principles and methods of selecting civil servants to be assigned to new job positions, ensuring suitability with the specific operations of agencies, organizations, and units.

In addition to the contents already specified in the job description and competency framework of the job position, the civil servant agency may determine additional criteria for selecting civil servants to be arranged for job positions with higher civil servant ranks. The selection is carried out in order of evaluation results from high to low, ensuring publicity, transparency, objectivity and compliance with regulations.

Based on Article 67 and Article 68 of Decree No. 170/2025/ND-CP, the Ministry of Home Affairs requests citizens to contact the civil servant management agency where they work for consideration and settlement according to their authority.

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