CIVIL SERVANTS CURRENTLY WORKING MAY BE CHANGED TO A DIFFERENT JOB POSITION IN THE CASES STIPULATED IN ARTICLE 26 OF DECREE 259/2026/ND-CP. SEE THE DETAILS BELOW. LET’S EXPLORE FURTHER WITH PHAM CONSULT!

Civil servants currently working may be changed to a different job position in the following cases:

– The civil servant is appointed to a managerial position or is appointed to a higher or lower managerial position; the civil servant is not reappointed or ceases to hold a managerial position according to a decision of the competent authority on personnel matters;

– The civil servant is assigned to a different professional or support position compared to their current position;

– Changes due to organizational restructuring, adjustment of functions and tasks of non-business public units.

According to Clause 2, Article 26 of Decree 259/2026/ND-CP, changes in job positions are regulated as follows:

Change in job position

1. A change in job position is when a public employee is assigned from one job position to another within the list of job positions used in the unit.
2. Cases of changing job positions:
3. a) A public employee is appointed to a managerial job position or is appointed to a higher or lower managerial job position; a public employee is not reappointed or ceases to hold a managerial position according to a decision of the competent authority on personnel matters;
4. b) A public employee is assigned to a different professional or support job position compared to their current job position;
5. c) Changes due to organizational restructuring, adjustment of functions and tasks of public non-business units.
6. Basis for changing job positions:
7. a) List of job positions and professional levels of each job position approved by the competent authority;
8. b) Personnel arrangement plan according to job positions of the unit;
9. c) Needs of the individual employee;
10. d) Standards and conditions of the employee meeting the requirements of the job position.

*The above is information on “In what cases can an employee currently working have their job position changed according to Decree 259/2026/ND-CP?”

What are the principles when changing the job position of an employee?

According to Clause 4, Article 26 of Decree 259/2026/ND-CP, the following is stipulated:

Change of Job Position

4. Principles when changing job positions:
5. a) The work performed in a particular job position shall be assigned to that same position;
6. b) It must be consistent with the capacity and qualifications of the public employee;
7. c) It must ensure openness, transparency, objectivity, fairness, and proper authority.
8. In cases where a change of job position results in a change in the professional level assigned to the public employee, the principles and conditions related to changing professional levels as stipulated in Article 25 of this Decree must be ensured.
9. The head of the public service unit shall decide or submit to the competent authority for decision the change of job position for public employees according to the management decentralization.

Accordingly, the principles when changing the job position of a public employee are:

– The employee must be assigned to the same job position they were previously performing;

– The position must be suitable to the employee’s abilities and qualifications;

– The process must be open, transparent, objective, fair, and within the proper authority.

When is the performance rating of a public employee determined?

According to Article 15 of Decree 233/2026/ND-CP, the timing, procedures, and process for evaluating the performance of public employees are as follows:

Time, Procedure, and Process for Evaluating the Performance of Public Employees

1. Time of Performance Rating
2. a) The performance rating of public employees is carried out annually, after the evaluation and rating of the performance of public service units. For public employees transferring to a new position, the new organization or unit where they work at the time of performance rating is responsible for carrying out the evaluation. The former organization or unit is responsible for sending the monthly or quarterly monitoring and evaluation results of the employee to the new organization or unit as a basis for calculating the average score and ranking the quality at the end of the year.
3. b) The ranking of employee quality is conducted before December 15th of each year, before the evaluation and ranking of Party members and the summary of the annual emulation and reward review work of the agency, organization, or unit.

For agencies, organizations, and units with specific functions and tasks that have not yet completed the year-end summary, the direct superior authority has the authority to regulate and guide the completion before January 15th of the following year.

For public service units in the education sector, the timing of evaluation and ranking is carried out according to the regulations of the Ministry of Education and Training.

1. c) In cases where, at the time of performance evaluation, the employee is absent for a legitimate reason or is on sick leave or maternity leave as prescribed by law, the evaluation will be based on the monitoring and assessment results for the actual period the employee worked during the year.

Accordingly, the performance evaluation of employees is conducted before December 15th of each year.

For agencies, organizations, and units with specific functions and tasks that have not yet completed their year-end reviews, the immediate superior authority has the power to regulate and guide their completion before January 15th of the following year.