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The Ultimate Guide to Transferring Jobs: A Step-by-Step Process for Civil Servants

The process of transferring jobs for officers and officials is quite complex and challenging. Let's delve into it and unravel its intricacies!

Administrator

6 September, 2024

The transfer and rotation of officials and civil servants must comply with the Law on Officials and Civil Servants. In reality, there are still many cases where the transfer of officials and civil servants from one unit to another has not been carried out in the correct order and procedures. Join Bach Hoa XANH to explore these details!

1. Conditions for the transfer and rotation of officials and civil servants

Transfer and rotation of officials and civil servants

+ Transfer of civil servants refers to the transfer of officials from one unit to another by a competent authority.

Cases of rotation and transfer of officials and civil servants:

According to Decree 24/2010/ND-CP on the recruitment, use, and management of civil servants:

Based on Article 26 of the 2008 Law on Officials and Civil Servants:

Conditions for the transfer of officials:

In the event of a specific task or request that matches the current situation.
As stipulated by law when there is a requirement to change the position.
When agencies, organizations, or units have plans for the use of officials and civil servants as decided by the competent authority, the transfer of officials among agencies or units must be carried out according to that decision.

+ Rotation refers to the temporary appointment of officials or managerial staff to another leadership position for a specified period to undergo training and improve their expertise according to task requirements.

Conditions for the rotation of officials:

If agencies, organizations, or units have rotation plans for officials and civil servants that have been approved by higher authorities, then the officials and civil servants must comply.
The rotation of officials and civil servants between sectors and between central and local governments aims to train and improve the team of officials.
The rotation of officials and civil servants can only be carried out with the approval of higher authorities, and the subjects of rotation are leaders and managers who are in the plan for higher positions.

Thus, if you want to be transferred to another job, besides being assigned by a higher authority, the transfer of an individual official or civil servant must be agreed upon by the managing agency.

If the transfer is voluntary, due to personal reasons or family difficulties, and the official or civil servant wishes to transfer to a workplace closer to their residence, it shall comply with the provisions of Circular No. 15/2012/TT-BNV dated December 25, 2012, of the Ministry of Home Affairs guiding the recruitment, signing of labor contracts, and compensation for training costs for civil servants.

When a civil servant transfers to a new job, it means that the employee must terminate the contract with the old agency, which must be in writing and confirmed by the head of the managing agency.

If the civil servant is recruited at the new agency, the head of that agency must sign a labor contract and complete the necessary paperwork to ensure the rights and benefits of the official or civil servant, including salary and social insurance based on their qualifications and training.

2. Procedure for changing the workplace of officials and civil servants

Officials and civil servants should note the procedure for changing their workplace

Step 1: To change the workplace, officials and civil servants need to prepare the following documents:

Application for transfer with the agreement of the Head of the unit.
Document of agreement to accept the new job from the new agency.
Curriculum vitae of the official or civil servant (with a photo and confirmation by the Head of the unit).
Diplomas and certificates of the official or civil servant.
Certified copy of the current salary level.
Copy of the current job description.
Identity card and household registration book (certified copies).

Step 2: Submit the application and documents

The official or civil servant submits the application and documents to the Organization and Administration Department for consideration and approval by the Director.

Within 05 working days, the Organization and Administration Department will notify the official or civil servant whether the application has been accepted or not, and guide them on the next steps.

Step 3: Process the documents

If the application is not accepted, the Director will send a written notice stating the reason to the official or civil servant and the unit, and also send a reply to the new agency.

If the application is accepted, the official or civil servant submits the Civil Servant Resume (according to the available template), confirmation of no debt to the Institute, returns the health insurance card, and a written commitment to complete the handover (if any) to the Organization and Administration Department.

The Organization and Administration Department will provide guidance and answer any questions that the official or civil servant may have during the document processing.

Processing documents

Step 4: Receive the decision and transfer the documents

The official or civil servant receives the decision on transfer, termination of the labor contract, and other relevant documents with confirmation from the competent authority, and submits them to the new agency.

If the receiving agency requests in writing for the transfer of the official or civil servant’s personnel file, the entire original file will be sealed and transferred to the new agency as requested.

Step 5: Receive the Social Insurance Book

The Organization and Administration Department has the responsibility to report the termination of social insurance contributions before the official or civil servant leaves (at least 05 days in advance to complete the procedure) and return the social insurance book.

Within 25 working days from the date of termination of the labor contract, the Organization and Administration Department shall notify the official or civil servant to receive the Social Insurance Book.

Frequently asked questions

The first step is to find a suitable position and apply for it. Once you have been offered the new position, submit a resignation letter to your current employer, serving the required notice period. Obtain a release letter from your current department and submit it to the new one. Finally, complete the transfer formalities with the assistance of your new department.

You can find job vacancies through various platforms, including government job portals, online job sites, and social media groups or pages dedicated to civil service jobs. Networking with colleagues and industry connections can also help you learn about potential opportunities.

Consider your reasons for transferring, ensuring that the new position aligns with your career goals and offers opportunities for growth. Research the new department or organization, understanding its culture, reputation, and job security. Evaluate the compensation and benefits package, including salary, allowances, and leave entitlements, to ensure it meets your expectations.

Write a formal resignation letter, expressing your intention to resign and specifying the effective date. Provide a brief reason for your resignation and thank your employer for the opportunities provided. Serve the required notice period, typically lasting one to three months, to ensure a smooth transition and complete any necessary handover tasks.

A release letter is an official document provided by your current department or organization, releasing you from your current position and allowing you to join another department or organization. To obtain it, submit a request letter to your department, stating your intention to transfer and providing details of your new position. The release letter is typically issued after you have completed the required notice period and any necessary clearance processes.

Yes, after receiving the release letter, coordinate with your new department to complete the necessary transfer procedures. This may include providing documentation, such as your release letter, educational certificates, and work-related documents. You may also need to undergo a medical examination and security clearance, depending on the requirements of the new department.

Your benefits and leave entitlements may vary depending on the policies of your new department or organization. In general, your accrued annual leave will be honored, and you may be able to negotiate the transfer of other benefits, such as pension contributions or insurance coverage. Discuss these details with your new employer to understand the specific benefits and leave entitlements offered in your new position.