Will I get a second salary level after receiving a master's degree after being recruited as a civil servant?

According to Mr. Lang, on June 20, 2018. On August 27, 2018, he took the exam and on September 17, 2018, he received the results. On September 20, 2018, he received a master's degree in the same major as the undergraduate degree he submitted in his application.

Mr. Lang (Quang Binh) asked, can he add a master's degree to his profile before the recruitment decision is made and will he be entitled to level 2 salary?

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Lawyer Tran Van Toan, Khanh Hung Law Office - Hanoi Bar Association answered Mr. Lang's question as follows:

Recruitment, appointment to professional titles, signing of employment contracts and salary arrangement for those who are selected as civil servants working in public service units are carried out in accordance with the provisions of the Law on Civil Servants; Decree No. 29/2012/ND-CP dated April 12, 2012 of the Government on recruitment, use and management of civil servants; Circular No. 15/2012/TT-BNV dated December 25, 2012, amended by Circular No. 04/2015/TT-BNV dated August 31, 2015 of the Ministry of Home Affairs, guiding on recruitment, signing of employment contracts and compensation for training and development costs for civil servants.

According to the provisions of Clause 3, Article 2 of Circular No. 15/2012/TT-BNV, the application file for civil servant recruitment must include copies of diplomas, certificates and academic results as required for the recruitment position, certified by a competent authority. In case of diplomas issued by foreign training institutions, they must be notarized and translated into Vietnamese.

Thus, at the time of submitting the application for civil servant recruitment, along with the application for civil servant recruitment, the personal resume, the health certificate, and the priority subject certificate (if any), the candidate must submit copies of the diplomas, certificates, and academic results that he/she had before the time of submitting the application.

The application documents submitted when registering for the recruitment are the basis for the competent agency or unit recruiting civil servants to consider and include the correct candidates in the exam list; at the same time, it is the basis for determining cases of exemption from foreign language and computer science exams; applying the appropriate scoring method for cases of exemption from foreign language and computer science exams; determining the successful candidates in the civil servant recruitment exam (according to the provisions of Articles 8, 9 and 10 of Decree No. 29/2010/ND-CP).

Article 6 of Circular No. 15/2012/TT-BNV was amended by Article 1 of Circular No. 04/2015/TT-BNV providing guidance on recruitment and employment decisions for successful civil servant candidates as follows:

Within 15 days from the date of the decision approving the recruitment results, the head of the agency or unit with the authority to recruit civil servants must send a written notice of recognition of the recruitment results to the candidate by post to the address that the candidate has registered and publicly announce it at the workplace and on the electronic information page of the agency or unit with the authority to recruit civil servants.

The successful candidate must come to sign the employment contract and receive the job according to the provisions in Clause 1, Clause 2, Article 19 of Decree No. 29/2012/ND-CP. The head of the public service unit is responsible for examining and verifying the qualifications and certificates of the successful candidate to ensure accuracy according to the provisions of law before signing the employment contract with the successful candidate.

In case a public service unit discovers that a successful civil servant candidate uses an illegal diploma or certificate, the head of the public service unit shall not sign an employment contract and shall send a written document to the head of the agency or unit with authority to recruit civil servants to cancel the successful candidate's recruitment results.

Accordingly, the examination, checking and verification of the submitted diplomas and certificates of successful candidates are the diplomas and certificates already included in the application file.

In the case of Mr. Pham Quang Lang, on June 20, 2018, he registered for recruitment and submitted his application for civil servant recruitment at a public service unit under the People's Committee of Quang Trach district, according to his university degree, suitable for his professional expertise and job title. On August 27, 2018, the civil servant management agency organized the recruitment exam. On September 17, 2018, the People's Committee of the district announced the recruitment exam results. On September 20, 2018, Mr. Lang had a master's degree in the same major as the university degree submitted in the application. Mr. Lang wished to submit an additional master's degree before the recruitment decision was made, in order to receive the salary level 2 of the job title.

In Clause 1, Article 22 of Decree No. 29/2012/ND-CP dated April 12, 2012 of the Government on recruitment, use and management of civil servants, it is stipulated that during the probationary period, the probationary employee shall receive 85% of the salary of the professional title corresponding to the recruited job position. In case the probationary employee has a master's or doctoral degree and the training major is suitable for the requirements of the recruited job position, the probationary employee with a master's degree shall receive 85% of the salary level 2, the probationary employee with a doctoral degree shall receive 85% of the salary level 3 of the professional title corresponding to the recruited job position.

In the above legal documents on civil servant recruitment, there are no regulations or instructions on whether or not to submit additional diplomas or certificates of higher qualifications that applicants are granted after the exam results are available, while waiting for the competent agency or unit recruiting civil servants to make a recruitment decision.

In case Mr. Pham Quang Lang has a master's degree after submitting his application, after taking the exam and receiving a notice of passing, he can submit additional documents before the competent agency or unit recruiting civil servants issues a recruitment decision, or submit additional documents when coming to work, signing a work contract at a public service unit, so that the civil servant management agency can store them in the civil servant's file to serve the work of using civil servants...

According to the lawyer, based on the current regulations and guidelines for recruiting civil servants, those who are entitled to receive the master's and doctoral salaries when recruited as prescribed in Clause 1, Article 22 of Decree No. 29/2012/ND-CP must have a master's or doctoral degree before participating in the civil servant recruitment; the master's or doctoral degree must be suitable for the requirements of the recruited job position and must be submitted at the same time as the application for recruitment and other documents included in the civil servant recruitment registration file.

In case Mr. Lang has a master's degree after participating in the civil service recruitment exam, the recruitment decision and salary applied when recruiting will be based on the university degree in the application file.

However, if the unit requires a master's degree position, and Mr. Lang himself wishes to work with a master's degree salary when recruited, and the head of the agency or unit with recruitment authority agrees, and makes a recruitment decision based on the master's degree, then Mr. Lang will be ranked at level 2 of the job title corresponding to the recruited job position.