ARE CIVIL SERVANTS WITH LESS THAN 6 MONTHS OF SERVICE SUBJECT TO PERFORMANCE EVALUATION AND CLASSIFICATION UNDER DECREE 335/2025/ND-CP?

According to Decree 335/2025/ND-CP, how are civil servants with less than 6 months of service evaluated and classified? Let’s explore this further with Pham Consult!

Are civil servants with less than 6 months of service subject to performance evaluation and classification under Decree 335/2025/ND-CP?

Article 11 of Decree 335/2025/ND-CP stipulates the following:

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

1. Civil servants who have served for less than 6 months during the year shall not be classified, except in cases specified in Clause 2 of this Article.
2. For civil servants who take unpaid personal leave but have a total actual working period of 6 months or more, or who take sick leave or maternity leave in accordance with social insurance laws, their annual performance classification shall be based on their performance during the actual time worked that year.
3. For civil servants subject to disciplinary action—whether by the Party or through administrative channels—the evaluation and classification shall be conducted as follows:
4. a) If a civil servant is subject to Party or administrative disciplinary action during the evaluation year due to a deterioration in political ideology, ethics, or lifestyle, or due to violations related to the performance of official duties, they shall be classified as “failing to complete their tasks.” In cases where an individual is subject to both Party disciplinary action and administrative disciplinary action for the same violation, if the respective disciplinary decisions do not take effect within the same evaluation year, the violation shall only serve as a basis for performance classification in one evaluation year.
5. b) If an individual commits a violation for which no disciplinary decision has yet been issued by the competent authority, but the violation has already been used as a basis to classify the individual’s performance as “failing to complete tasks” for a given evaluation year, then any subsequent disciplinary decision issued after that year for the same violation shall not be used as a basis for performance classification in the year the decision is issued.
6. c) If a civil servant commits a fault or violation while at a previous organization, but is subject to disciplinary action and enforcement after transferring to a new organization, such action shall be factored into the performance evaluation and classification for the period spent at the previous organization.
7. d) If a civil servant commits faults or violations at both their previous and current organizations, and is subject to disciplinary action and enforcement in relation to both, the specific form of disciplinary action shall be factored into the performance evaluation and classification based on when the violation occurred at each respective organization.

Consequently, civil servants who have worked for less than six months during the year shall not be classified, with the following exceptions:

Civil servants who take unpaid personal leave but still complete at least six months of actual work, or who take sick leave or maternity leave in accordance with social insurance laws, shall have their annual performance classification determined based on their actual period of work during that year.

For what purpose are the 2026 performance evaluation and classification results for civil servants used, according to Decree 335? Pursuant to Article 23 of Decree 335/2025/NĐ-CP, the use of results from the monitoring, evaluation, and quality classification of civil servants is stipulated as follows:

Agencies responsible for the management and utilization of civil servants shall, within the scope of their authority, use the results from the monitoring, evaluation, and quality classification of civil servants as follows:

2. The results of the six-month monitoring and evaluation of civil servants shall serve as a basis for:
3. a) Assessing the level of compliance and the execution of official duties and tasks, as well as the resolution of issues arising during the month or quarter.
4. b) Reviewing the assignment and delegation of tasks, and the organization of task implementation within the unit.
5. c) Considering the placement or reassignment of civil servants to positions that align with their competencies.
6. d) Determining additional income or bonuses, where applicable, from the annual bonus fund of the agency, organization, or unit.
7. The annual quality classification results of civil servants shall serve as a basis for:
8. a) Evaluating and classifying the quality of Party members.
9. b) Formulating tasks and solutions to leverage strengths and address limitations or shortcomings, thereby strengthening and enhancing the leadership and management capacity of the leadership and management collective within agencies, organizations, or units.
10. c) Making decisions regarding the placement, utilization, training, professional development, succession planning, appointment, dismissal, transfer, rotation, secondment, emulation, commendation, and discipline of civil servants, as well as the implementation of other policies concerning them.
11. d) Consider assigning a civil servant to a higher-level position, provided there is a vacancy that aligns with their professional expertise and meets the requirements of that position.
12. e) Consider assigning a civil servant to a lower-level position or terminating their employment if they are rated as having “failed to complete their tasks” or as not meeting the requirements of their assigned duties.
13. f) Serve as a basis for determining additional income or bonuses from the annual bonus fund of the agency, organization, or unit (if applicable).

Thus, the annual performance rating of a civil servant serves as a basis for:

– Evaluating and rating the performance of Party members.

– Formulating tasks and solutions to leverage strengths and address limitations or shortcomings, thereby strengthening and enhancing the leadership and management capacity of the collective leadership and management bodies within agencies, organizations, or units.

– Making decisions regarding the assignment, utilization, training, professional development, succession planning, appointment, dismissal, transfer, rotation, secondment, emulation, commendation, discipline, and the implementation of other policies concerning civil servants.

– Considering the assignment of a civil servant to a higher-level position, provided there is a vacancy that aligns with their professional expertise and meets the requirements of that position.

– Considering the assignment of a civil servant to a lower-level position or terminating their employment if they are rated as having “failed to complete their tasks” or as not meeting the requirements of their assigned duties.

– Determining additional income or bonuses from the annual bonus fund of the agency, organization, or unit (if applicable).

May a civil servant submit a formal request for review (petition) if they disagree with their performance evaluation and rating? Pursuant to Article 22 of Decree 335/2025/NĐ-CP, the following is stipulated:

Resolution of grievances

Upon receiving notification of the results of their performance evaluation and classification, a civil servant who disagrees with the evaluation and classification conclusions has the right to file a grievance. The person authorized to conduct the evaluation and classification of the civil servant must resolve the grievance within 07 working days from the date of its receipt.

Thus, upon receiving notification of the results of their performance evaluation and classification, a civil servant who disagrees with the evaluation and classification conclusions has the right to file a grievance.

The person authorized to conduct the evaluation and classification of the civil servant must resolve the grievance within 07 working days from the date of its receipt.