07:46 | 23/07/2024

Authority to Assess and Classify the Quality of Vietnamese Officials and Public Employees, Workers in Ho Chi Minh City - How is it Regulated?

<strong>Authority to evaluate and classify the quality of Vietnamese officials and public employees, workers in Ho Chi Minh City</strong><strong>Question from Mr. T.M - Ho Chi Minh City</strong>---<ol><li><strong>Authority to evaluate the quality of officials and public employees</strong><em>According to the provisions of Article 42 of Decree 47/2011/ND-CP on recruitment, utilization, and management of officials, the authority to evaluate the quality of officials is regulated as follows:</em>a. Heads of agencies and units shall evaluate the quality of officials under their management according to the criteria specified in Article 39 of this Decree.b. For officials holding leadership or managerial positions, the head of the managing agency or unit shall be responsible for evaluating. The evaluation shall be based on the criteria specified in Article 40 of this Decree.</li><li><strong>Authority to classify the quality of public employees</strong><em>According to the provisions of Article 27 of Decree 115/2020/ND-CP detailing a number of articles and measures to implement the Law on Public Employees, the authority to classify the quality of public employees is regulated as follows:</em>a. Heads of public service providers shall classify the quality of public employees according to the evaluation results specified in Article 25 of this Decree.b. For public employees holding leadership or managerial positions, the head of the managing agency or unit shall be responsible for classifying. The classification shall be based on the evaluation results specified in Article 24 of this Decree.</li></ol>

Authority to Assess and Classify the Performance Quality of Vietnamese Officials and Public Employees, Workers in Ho Chi Minh City (HCMC)

According to Article 6 of the Regulations for Assessing and Classifying the Performance Quality of Officials and Public Employees, and Workers in the agencies and units in Ho Chi Minh City issued with Decision 20/2024/QD-UBND, the authority to assess and classify performance quality is stipulated as follows:

(1) Agencies and units under the management of Ho Chi Minh City:

- For the head who is a cadre: to be performed by the competent authority according to the management hierarchy of cadres.

- For the head who is an official or public employee of the agency or unit: to be performed by the head of the directly managing superior agency.

- For the deputy head and officials and public employees, workers under management: to be directly assessed and classified by the head of the agency or unit.

In particular, for public employees, the head of the public service provider may delegate the assessment of public employees under their management. The person delegated to assess the public employees must be responsible to the head of the public service provider for the assessment results.

- For positions of non-specialized workers working at wards, communes, commune-level towns: Based on the principles, processes, and criteria specified in these regulations, the person with authority performs the assessment according to legal regulations.

(2) The competent authority based on the regulations and management hierarchy of cadres to perform the assessment and classification of performance quality for full-time National Assembly deputies of the Ho Chi Minh City delegation.

(3) Central agencies in the city:

- For the head of central agencies at the city level or higher: the leadership collective (including the head and deputy head) of the agency or unit performs the assessment and classification.

- For other cases: perform according to the regulation in (1).

(4) Associations with particular characteristics in the city:

- For the Chairman, Vice-Chairman: the competent authority based on the regulations and management hierarchy of cadres to perform the assessment and classification.

- For other cases: perform according to the regulation in (1).

- For agencies, units under the Communist Party block, Vietnam Fatherland Front, and political-social organizations: follow the guidance of the competent authority or the assigned, decentralized, authorized body, managing officials and public employees, workers of the block.

- For other agencies and units: follow the guidance of the Chairman of the People’s Committee of Ho Chi Minh City.

Authority to assess and classify the performance quality of Vietnamese officials and public employees, workers in HCMC

Authority to assess and classify the performance quality of Vietnamese officials and public employees, workers in HCMC (Image from the Internet)

Criteria for Assessing and Classifying the Quality of Officials and Public Employees, Workers in HCMC

The regulations for assessing and classifying performance quality of officials and public employees, and workers in the agencies and units in Ho Chi Minh City issued with Decision 20/2024/QD-UBND stipulate the following criteria:

- Function, tasks of the agency, organization, unit.

- Job descriptions and competency frameworks for the job position approved by competent authorities.

- Results of tasks performed by officials and public employees, and workers according to plans, work programs, and unexpected tasks assigned.

- Results from the monitoring, evaluation by leaders, inspections, and supervision by competent authorities, feedback from organizations and individuals regarding officials and public employees, workers in performing their duties.

- Results of citizen and business satisfaction surveys regarding the agency, unit, and relevant officials and public employees, workers in performing duties and public services.

- Results of resolving citizens' feedback and suggestions through official channels of competent authorities.

Procedure for Assessing and Classifying the Performance Quality of Heads of Agencies, Units in HCMC according to Decision 20/2024/QD-UBND

According to Article 11 of the Regulations for Assessing and Classifying the Performance Quality of Officials and Public Employees, and Workers in the agencies and units in Ho Chi Minh City issued with Decision 20/2024/QD-UBND, the procedure for assessing and classifying the performance quality of heads of agencies, units in HCMC is as follows:

(1) For heads who are officials and public employees, workers of agencies, organizations, units under the assessment, and classification authority of the Standing Committee of the City Party Committee, the Permanent Committee of the City Party Committee: the agencies and units perform according to the guidelines of the City Party Committee's Organizing Committee.

(2) For heads who are officials and public employees, workers of agencies, organizations, units under the assessment, and classification authority of the Chairman of the People's Committee of the City:

Agencies and units submit dossiers to the Department of Home Affairs before the 5th of the first month of the subsequent quarter for verification and submission to the Chairman of the People’s Committee of the City for consideration and decision.

(3) For heads of central agencies in the city: after completing the self-assessment report and contributing opinions to colleagues per the guidance at points a and b of Clause 1, Article 11 of the regulations issued with Decision 20/2024/QD-UBND, the agency or unit is responsible for projecting the scores and assessment results and sending the dossier to the Chairman of the People’s Committee of the City (through the Department of Home Affairs) for consensus before the final decision.

Note:

- No later than 3 working days from the completion of the assessment and classification, the agency or unit must publicly announce the results.

- Within 3 working days from the public announcement of the assessment results by the agency, organization, or unit, if officials and public employees, workers disagree with the assessment and classification conclusions, they have the right to appeal.

The resolution of appeals is handled by the assessing and classifying authority.

If there is disagreement with the results of the appeal resolution, it may be further appealed to the directly superior authority for resolution. The decision of the directly superior authority is the final decision on the appeal.

Decision 20/2024/QD-UBND takes effect from May 12, 2024.

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