Decree 161/2018/NĐ-CP on Recruitment of Civil Servants and Public Employees Officially Repealed

The Government has just issued Decree 107/2024/NĐ-CP repealing a number of legal instruments, including Decree 161/2018/NĐ-CP on recruitment of civil servants and public employees.

Accordingly, Decree 107/2024/NĐ-CP repeals 10 Decrees, including Decree 161/2018/NĐ-CP on recruitment of civil servants and public employees.

Specifically, the Government’s Decree 161/2018/NĐ-CP dated November 29, 2018, amending and supplementing certain provisions on recruitment of civil servants and public employees, promotion of civil servants to higher ranks, promotion of public employees to higher professional grades, and contract-based employment for certain types of work in state administrative agencies and public service units, is repealed for the following reasons:

– Clause 3, Article 78 of Decree 138/2020/NĐ-CP on recruitment, employment and management of civil servants has repealed Article 1 of Decree 161/2018/NĐ-CP;

– Clause 3, Article 67 of Decree 115/2020/NĐ-CP on recruitment, employment and management of public employees has repealed Article 2 of Decree 161/2018/NĐ-CP;

– Clause 2, Article 14 of Decree 111/2022/NĐ-CP on contracts for types of work in administrative agencies and public service units has repealed Article 3 of Decree 161/2018/NĐ-CP.

As the main provisions of Decree 161/2018/NĐ-CP have been repealed by the aforementioned Decrees, the Government has issued Decree 107/2024/NĐ-CP repealing Decree 161/2018/NĐ-CP.

Who Are Cadres, Civil Servants and Public Employees?

Cadres are citizens of Vietnam who are elected, approved or appointed to hold positions or titles for a term of office in agencies of the Communist Party of Vietnam, the State or socio-political organizations at the central level; in provinces and centrally governed cities; or in rural districts, urban districts, towns and provincial cities, and who are on the regular payroll and receive salaries from the state budget. (Pursuant to Clause 1, Article 4 of the 2008 Law on Cadres and Civil Servants)

Civil servants are citizens of Vietnam who are recruited and appointed to ranks, positions or titles corresponding to job positions in agencies of the Communist Party of Vietnam, the State or socio-political organizations at the central, provincial or district level; in agencies and units of the People’s Army, excluding officers, professional military personnel and defense workers; or in agencies and units of the People’s Public Security, excluding officers, non-commissioned officers serving on a professional basis and public security workers, and who are on the regular payroll and receive salaries from the state budget. (Pursuant to Clause 2, Article 4 of the 2008 Law on Cadres and Civil Servants (as amended by Clause 1, Article 1 of the 2019 Law Amending and Supplementing the Law on Cadres and Civil Servants and the Law on Public Employees))

Public employees are citizens of Vietnam who are recruited for job positions, work at public service units under employment contracts, and receive salaries from the salary funds of those public service units in accordance with the law. (Article 2 of the 2010 Law on Public Employees)

Managerial public employees are persons appointed to managerial positions for a fixed term who are responsible for directing and organizing the performance of one or more tasks within a public service unit and receive a managerial position allowance. (Clause 1, Article 3 of the 2010 Law on Public Employees (as amended by Clause 13, Article 2 of the 2019 Law Amending and Supplementing the Law on Cadres and Civil Servants and the Law on Public Employees))

This is an automated translation. If you notice any errors, please contact the Department of Communications, National Economics University at phongtruyenthong@neu.edu.vn.