ARE CIVIL SERVANTS ON MATERNITY LEAVE SUBJECT TO PERFORMANCE EVALUATION AND CLASSIFICATION IN 2026? IF SO, HOW ARE THEY EVALUATED AND CLASSIFIED?

 Are civil servants on maternity leave subject to performance evaluation and classification in 2026? If so, how are they evaluated and classified?

1. Are civil servants on maternity leave subject to performance evaluation and classification in 2026? If so, how are they evaluated and classified?

Pursuant to Article 11 of Decree No. 335/2025/ND-CP, the regulations are as follows:

Special cases in the monitoring, evaluation, and classification of civil servant performance

1. Civil servants who have worked for less than six months during the year shall not be subject to performance classification, except for the cases specified in Clause 2 of this Article.
2. Civil servants who take unpaid personal leave but ensure at least six months of working time; or who take sick leave or maternity leave in accordance with the law on social insurance shall have their annual performance classification determined based on their actual working performance during the year.
3. Civil servants who are subject to Party disciplinary measures or administrative disciplinary measures shall be evaluated and classified as follows:

a) Civil servants who are subject to Party or administrative disciplinary measures during the evaluation year due to political or ideological deterioration, violations of moral standards or lifestyle, or violations related to the performance of official duties shall be classified as having failed to fulfill their duties.

Where a civil servant is subject to both Party disciplinary measures and administrative disciplinary measures for the same violation, but the respective disciplinary decisions do not take effect in the same evaluation year, such disciplinary measures shall only be taken into account for performance classification in one evaluation year.

b) Where a civil servant commits a violation for which no disciplinary decision has yet been issued by the competent authority, but such violation has already been used as a basis for classifying the civil servant as having failed to fulfill their duties in the evaluation year, any disciplinary decision subsequently issued in respect of that violation (if any) shall not be taken into account for performance classification in the year in which the disciplinary decision is issued.

c) Where a civil servant commits misconduct or violations at their former organization but is subject to disciplinary action and enforcement of disciplinary measures at their new organization following a transfer, such violations shall be included in the performance evaluation and classification results of the former organization.

d) Where a civil servant commits misconduct or violations at both their former and new organizations and is subject to disciplinary action and enforcement of disciplinary measures at both organizations, the disciplinary measures shall be taken into account in the performance evaluation and classification results based on the time when each violation occurred at the respective organization.

Accordingly, civil servants taking maternity leave in accordance with the law on social insurance shall have their annual performance classification determined based on their actual working performance during that year.

2. When will civil servant performance evaluation and classification for 2026 be conducted?

Pursuant to Article 19 of Decree No. 335/2025/ND-CP, the regulations are as follows:

Timing of civil servant performance classification

1. Civil servant performance classification shall be conducted on an annual basis. In the case of a civil servant who transfers to another organization, the new organization where the civil servant is working at the time of performance classification shall be responsible for conducting the evaluation. The former organization shall be responsible for sending the civil servant’s monthly and quarterly monitoring and evaluation results to the new organization as a basis for calculating the average score and determining the year-end performance classification.
2. Civil servant performance classification shall be conducted before December 15 of each year, prior to the evaluation and classification of Party members and the annual review of emulation and commendation activities of the relevant agencies, organizations, and units.

For agencies, organizations, and units whose specific functions and duties require them to conduct their annual reviews at a time other than year-end, the competent superior authority shall prescribe and provide guidance to ensure that the process is completed before January 15 of the following year.

3. Where, at the time of performance classification, a civil servant is absent for a legitimate reason or is taking sick leave or maternity leave in accordance with the law, their performance classification shall be based on the total evaluation score accumulated during the period in which they actually worked during the year.

Accordingly, the performance evaluation and classification of civil servants for 2026 shall be conducted before December 15, 2026, prior to the evaluation and classification of Party members and the annual review of emulation and commendation activities of the relevant agencies, organizations, and units.

For agencies, organizations, and units whose specific functions and duties require them to conduct their annual reviews at a time other than year-end, the competent superior authority shall prescribe and provide guidance to ensure that the process is completed before January 15, 2027.

3. What are the principles governing the management of cadres and civil servants?

Pursuant to Article 3 of the Law on Cadres and Civil Servants 2025, the principles governing the management of cadres and civil servants include:

• Ensuring the leadership of the Communist Party of Vietnam and the management of the State.
• Combining position-based standards, job positions, and staffing quotas.
• Adhering to the principles of democratic centralism, individual accountability, and clear assignment and decentralization of responsibilities and authority.
• Ensuring that the evaluation, assignment, and utilization of cadres and civil servants are based on their political qualities, ethics, capabilities, and the results and effectiveness of their performance in accordance with the requirements of their respective job positions.
• Ensuring consistency, uniformity, and interconnectedness throughout the political system.
• Ensuring gender equality.
• Prioritizing ethnic minority groups in recruitment, appointment, and the implementation of employment policies and benefits.