Are Vietnamese officials and public employees with the authority to issue the certificates of land use rights required to reassign working positions periodically?

Are Vietnamese officials with the authority to issue the certificates of land use rights required to reassign working positions periodically? - Ms. Tra Huong (Lam Dong, Vietnam)

Are Vietnamese officials with the authority to issue the certificates of land use rights required to reassign working positions periodically?

Pursuant to Article 4 of Circular 21/2022/TT-BTNMT, officials and public employees must periodically reassign working positions as follows:

The list of working positions must periodically reassign
Officials and public employees who do not hold positions of leadership, management and public employees directly contact and handle the following tasks:
1. Issuance of certificates of land use rights and ownership of houses and other land-attached assets.
2. Issuance of permits for mineral survey, exploration and exploitation.
3. Issuance, renewal, adjustment and re-issuance of environmental permits with contents on discharge of wastewater, exhaust gases, generation of noise and vibration, must be treated up to technical regulations and solid waste management according to technical regulations. regulations; provide hazardous waste treatment services.
4. Issuance of permits for exploration, exploitation and use of water resources.
5. Handling dossiers of land allocation, land lease, land recovery, change of land use purpose, registration of land use rights, ownership of houses and other land-attached assets.
6. Allotment of land quotas; managing the application of compensation, identifying land users subject to compensation and support; compensation level, support in site clearance.
7. Handling of environmental violations.

At the same time, based on Article 5 of Circular 21/2022/TT-BTNMT, there are provisions:

Periodic time limit for reassignment of working positions
The period of periodical reassign of working position specified in Article 4 of this Circular is from full 02 years to 05 years.

Thus, according to the above regulations, officials and public employees who do not hold leadership or managerial positions and have worked in the issuance of certificates of land use rights for full 02-05 years must periodically reassign their working positions.

The reassignment of working positions for officials and public employees with authority to issue the certificates of land use rights must be carried out according to the plan, ensuring objectivity, rationality and suitability.

Are Vietnamese officials and public employees with the authority to issue the certificates of land use rights required to reassign working positions periodically? (Image from the Internet)

What is the reassignment plan for Vietnamese officials and public employees with the authority to issue certificates of land use rights?

Pursuant to Article 26 of the Law on Anti-corruption 2018 stipulates the work change plan for red book-granting cadres and civil servants as follows:

- The head of a state organization shall issue and publish annual reassignment plans.

The reassignment plan shall specify the purposes, requirements and positions subject to reassignment, time of reassignment, rights and obligations of reassigned personnel and implementation methods.

The reassignment plan must clearly state the purposes, requirements, specific cases in which the work position must be changed, the time for implementation of the change, the rights and obligations of the person having to change the working position, and organizational measures.

What are the rules of reassignment in Vietnam?

Pursuant to Article 24 of the Law on Anti-corruption 2018 stipulates the principles of job change as follows:

- State organizations shall periodically reassign their non-managerial officials and public employees in their organizations in order to prevent corruption. Reassignment of managerial officials shall comply with regulations on official reassignment.

- The reassignment shall be objective, reasonable and suitable for the reassigned persons’ capacity without affecting normal operation of the organizations.

- Reassignment shall be carried out under plans and disclosed within the organizations.

- It is prohibited to abuse reassignment for personal gain or for the purpose of victimizing officials and public employees.

How many methods are there to reassign Vietnamese officials and public employees with the authority to issue certificates of land use rights?

Pursuant to Clause 3, Article 2 of Circular 21/2022/TT-BTNMT, the method of reassignment shall comply with the provisions of Article 37 of Decree 59/2019/ND-CP.

Accordingly, there are two ways of reassignment :

- Reassignment with the same expertise and profession from one department to another in the agency, organization or unit; between fields and areas assigned to monitor, be in charge of, or manage, or between agencies, organizations and units within the scope of management of ministries, ministerial-level agencies, government-attached agencies, and governments. local rights.

- Reassignment shall be done by means of dispatch, arrangement and assignment of tasks for persons with positions and powers as prescribed by law.

Thus, the reasignment for officials and public employees with authority to issue the certificates of land use rights is done by the above two methods.


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