Benefits of Public Employees during Secondment and Transfer

Lawyer Tran Van Toan, Khanh Hung Law Office - Hanoi Bar Association, responds to Mrs. Nga's inquiry as follows:

Based on the information provided by Mrs. Nga, she is employed at a public service provider under a Department. Her job position at the public service provider is identified as a public employee.

Mrs. Nga did not specify whether she took on administrative–archival work at the Department’s Office in the form of a secondment decision or a transfer decision. Therefore, she is advised to refer to the following regulations to know her rights corresponding to the implementation of either a secondment decision or a transfer and acceptance decision.

Case of seconded public employee

According to Article 36 of the 2010 Law on Public Employees, secondment of public employees refers to sending public employees of one public service provider to work at another agency, organization, or unit per mission requirements for a definite period.

The head of the public service provider or the competent authority managing the public service provider decides on the secondment of public employees.

The secondment period shall not exceed 3 years. Seconded public employees must comply with the assignment and management of the agency, organization, or unit they are seconded to.

During the secondment period, the public service provider sending the public employee on secondment is responsible for ensuring the salary and other benefits of the public employee.

Upon the end of the secondment period, the public employee returns to their previous unit. The head of the public service provider sending the public employee on secondment is responsible for accepting and assigning work suitable to the public employee’s expertise and professional skills upon their return.

If Mrs. Nga is seconded to work at the Department’s Office, she will continue to receive her salary and benefits as a public employee at the public service provider, and thus not eligible for the service allowance under Decree No. 34/2012/ND-CP dated April 15, 2012, of the Government of Vietnam on public service allowance policies.

Case of transferred public employee

If Mrs. Nga is transferred to the Department’s Office by the competent authority managing public employees based on a transfer decision, then pursuant to clauses 1 and 2 of Article 42 of Decree No. 29/2012/ND-CP dated April 12, 2012, of the Government of Vietnam, on recruitment, use, and management of public employees, the transition from public employee to official status may be carried out.

Under this regulation, public employees with at least 60 months of working experience at a public service provider (excluding probationary periods), possessing appropriate qualifications, work experience, and meeting the immediate requirements of the official's job position may be considered for transitioning to official status without the need for competitive examinations as per the laws concerning officials.

When a public employee is accepted and appointed to positions designated as officials by law, they must undergo the assessment process for transitioning to official status without competitive examinations as per the laws concerning officials; the acceptance and appointment decision simultaneously serves as the recruitment decision.

If Mrs. Nga is transferred to an official’s position at the Department’s Office, she must meet the requirements and undergo the aforementioned process to transition to official status.

Upon appointment as an official, Mrs. Nga will be entitled to the policies applicable to officials, including the public service allowance policy stipulated in Decree No. 34/2012/ND-CP.

According to the Government of Vietnam's electronic newspaper

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