Eligibility requirements for applying for civil servant positions.

Clauses 1 and 3 of Article 19 of the 2025 Law on Cadres and Civil Servants do not stipulate that children of resistance fighters exposed to chemical toxins are ineligible to apply for civil servant positions.

Mr. Nguyen Nha's brother is a non-professional worker with over 13 years of service and has contributed to social insurance for 14 years. Currently, the locality is holding a recruitment drive for civil servants and contract renewals, but Mr. Nha's brother does not meet the requirements because he is receiving a monthly allowance as the child of a resistance fighter who was exposed to chemical toxins, resulting in a 61-80% reduction in his working capacity.

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Mr. Nha asked if it was in accordance with regulations that his brother was not considered for civil service recruitment or had his contract renewed.

Regarding this matter, the Ministry of Interior responded as follows:

Clause 1, Article 19 of the Law on Cadres and Civil Servants of 2025 stipulates:

"1. Individuals who meet the following conditions are eligible to register for the civil service recruitment examination:

a) Possesses only one nationality, which is Vietnamese nationality, as stipulated by the Law on Nationality;

b) Currently residing in Vietnam;

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c) Must be 18 years of age or older;

d) Possess good political and moral qualities; have a clear background;

d) Be in good health to perform the duties;

e) Meeting the requirements of the job position being applied for."

Clause 3, Article 19 of the Law on Cadres and Civil Servants of 2025 stipulates:

"3. The following individuals are not eligible to apply for civil service positions:

a) Loss or limitation of civil capacity; persons with difficulties in understanding and controlling their behavior;

b) Currently under criminal investigation; serving or having completed a criminal sentence or court decision but not yet having their criminal record expunged; currently undergoing administrative measures at a compulsory drug rehabilitation center or compulsory education center.

The above provisions do not stipulate that children of resistance fighters who were exposed to chemical toxins are ineligible to apply for civil service positions.

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Point g, Clause 1, Article 13 of Government Decree No. 170/2025/ND-CP dated June 30, 2025, on the recruitment, use, and management of civil servants (effective July 1, 2025) stipulates: "Non-professional personnel at the commune level before the effective date of this Decree" are eligible for recruitment as civil servants when they meet the standards and conditions specified in Point b, Clause 3, Article 13 of Decree No. 170/2025/ND-CP.

Regarding contract signing, Government Decree No. 173/2025/ND-CP dated June 30, 2025, on contracts for the performance of duties by civil servants, and Government Decree No. 111/2022/ND-CP dated December 30, 2022, on contracts for certain types of work in administrative agencies and public service units, do not stipulate that children of resistance fighters exposed to chemical toxins are prohibited from signing labor contracts or service contracts.

Based on the provisions of Article 67 of Decree No. 170/2025/ND-CP, we suggest that you consult with the civil servant management agency where you work for consideration and guidance.

Source: https://vtv.vn/dieu-kien-dang-ky-du-tuyen-cong-chuc-100260618163848628.htm