Thông tư 04/2015/TT-BNV sửa Thông tư về ký kết hợp đồng làm việc với viên chức

THE MINISTRY OF HOME AFFAIRS

Circular No. 04/2015/TT-BNV datedAugust 31, 2015 of the Ministry of Home Affairs on amending the Article 6 of the Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Ministry of Home Affairs guiding the recruitment and signing the employment contracts and compensation for training costs applicable to the civil servants

Pursuant to Decree No. 29/2012/ND-CP dated April 12, 2012 of the Government on recruitment, employment and management of civil servants;

Pursuant to Decree No. 58/2014/ND-CP dated June 16, 2014 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Home Affairs;

At the request of Director of Department of officials and civil servants of the Ministry of Home Affairs;

The Minister of Internal Affairs promulgates a Circular on amendments to Article 6 of Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Ministry of Home Affairs on guidelines for recruiting, signing employment contracts and compensating for training costs applicable to civil servants.

Article 1. To amend Article 6 of Circular No. 15/2012/TT-BNV as follows:

“Article 6. Recruitment decision

1. Within 15 days, from the date on which the decision on approval for the recruitment results, the head of the agency or unit competent to recruit civil servants (hereinafter referred to as recruiting agency) shall send notifications of recruitment to successful candidates in writing by post at their registered addresses and publicly post the notification at the headquarters and on the website of the recruiting agency.

2. The successful candidate must come to sign the employment contract and receive his/her job as prescribed in Clauses 1 and 2 Article 19 of Decree No. 29/2012/ND-CP. The head of the public service provider shall assess and verify degrees and certificates of the successful candidates as prescribed before signing the employment contracts.

3. If the public service provider discovers that any successful candidate submitted illegal degrees or certificates, the head of the public service provider shall not conclude the employment contract with him/her and request the recruiting agency to cancel the recruitment results.

4. If a successful candidate has his/her notification of recruitment cancelled or employment contract terminated as prescribed in Clause 3 Article 19 of Decree No.29/2012/ND-CP and Clause 3 of this Article, the recruiting agency shall decide to recruit the candidate who is ranked below the above rejected candidate in the recruitment result provided that such person satisfies all requirements prescribed in Clause 1 Article 10 of Decree No. 29/2012/ND-CP (regarding examination for recruitment of civil servants) or prescribed in Point a Clause 1 Article 13 of Decree No. 29/2012/ND-CP (regarding recruitment of civil servants).

If there are at least 2 candidates who are both ranked below the rejected candidate, the recruiting agency shall decide the successful candidate as prescribed in Clause 2 Article 10 of Decree No.29/2012/ND-CP (regarding examination for recruitment of civil servants) or prescribed in Clauses 2 and 3 Article 13 of 29/2012/ND-CP (regarding recruitment of\ civil servants).

Article 2. Implementation effect

This Circular takes effect on October 15, 2015.

Article 3. Implementation organization

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces and relevant agencies, organizations, and individuals shall implement this Circular./.

For the Minister

The Deputy Minister

Tran Anh Tuan