Civil servants and public employees must have at least one 5-year term to be considered for appointment as a member of the Judicial Management Council of Vietnam?
- If a civil servant or public employee in Vietnam wants to become a member of the Management Council of a public administrative unit in the judicial domain, is it compulsory to have at least one 5-year term?
- Which agency of Vietnam has the authority to appoint members of the Management Council of public administrative units in the judicial domain?
- Is it possible to add more members after setting up the Management Council of public administrative units in the judicial domain in Vietnam?
If a civil servant or public employee in Vietnam wants to become a member of the Management Council of a public administrative unit in the judicial domain, is it compulsory to have at least one 5-year term?
Pursuant Article 15 of Circular 04/2022/TT-BTP stipulates:
“Article 15. Criteria and conditions for members of the Management Board
1. For members of the Management Board:
a) Be a public servant or an official. In case a member of the Management Board is a representative of an organization with related interests, it is not required to be a civil servant or official;
b) Have good political and moral qualities; be healthy enough to undertake the work;
c) Not during the time of serving the disciplinary decision or during the time of being considered for disciplinary action as prescribed by law;
d) Have a university degree or higher;
dd) Be of working age for at least one 05-year term for civil servants and public employees;
e) Not be the spouse, father, mother, child, brother, sister or younger brother of the head, deputy head or chief accountant of the public administrative unit.
2. For the Chairman of the Management Board
a) Satisfy the provisions of Clause 1 of this Article;
b) Have management capacity and meeting the same conditions and standards as the head of a public non-business unit as prescribed by law and regulations of competent authorities.”
Accordingly, civil servants and public employees must meet the criteria and conditions specified above to be considered for participation as a member of the Management Council of public non-business units in the judicial field.
Civil servants and public employees must have at least one 5-year term to be considered for appointment as a member of the Judicial Management Council of Vietnam?
Which agency of Vietnam has the authority to appoint members of the Management Council of public administrative units in the judicial domain?
Pursuant Article 16 of Circular 04/2022/TT-BTP stipulates:
“Article 16. Appointment of members of the Management Board
The chairman and other members of the Management Council shall be appointed by the head of the agency competent to approve the autonomy scheme of the public non-business unit.”
Accordingly, the head of the agency competent to approve the autonomy scheme of the public non-business unit will have the authority to appoint members of the Council for the management of the public non-business unit in the judicial domain.
Is it possible to add more members after setting up the Management Council of public administrative units in the judicial domain in Vietnam?
Pursuant Article 17 of Circular 04/2022/TT-BTP stipulates:
“Article 17. Supplementing and replacing members of the Management Board
1. At least 60 days (sixty days) before the end of the term of the Chairman and other members of the Management Council, the Chairman of the Management Council shall hold a meeting of the Board to discuss, agree and seek opinions of the committee at the same level and send it to the appraisal agency specified in Clause 3, Article 7 of this Circular to report to the person competent to appoint members of the Management Board in Article 16 of this Circular for consideration for the policy of continuing to supplement or replace.
After having the policy, the Chairman of the Management Board shall hold a meeting of the Board to discuss and vote by secret ballot to approve additional or replacement personnel; send the dossier to the appraisal agency, and report to the person competent to appoint members of the Management Board in Article 16 of this Circular for consideration and decision.
2. In case the Chairman and other members of the Management Board are vacated before the term of office expires or the Management Board wishes to add members, the Chairman or Vice-Chairman (if any) of the Board of Directors The manager shall organize a meeting of the Board of Directors to discuss, agree and consult the committee of the same level and send the appraisal agency to report to the person competent to appoint members of the Management Board in Article 16 of this Circular for consideration. supplement or replace.
After having the policy, the Chairman or Vice-Chairman of the Management Council shall hold a meeting of the Board to discuss and vote by secret ballot to approve additional or replacement personnel; send the dossier to the appraisal agency, and report to the person competent to appoint members of the Management Board in Article 16 of this Circular for consideration and decision.
3. For public non-business units under the direct management of superior units, the Management Council shall send a written request for the policy and the application for further supplementation or replacement to the immediate superior management agency. to send the appraisal agency to report to the person competent to appoint members of the Management Council in Article 16 of this Circular for consideration and decision.
4. Dossier to request for a further appointment, addition, or replacement include:
a) The written request of the Management Board;
b) A written request from the immediate superior management agency of the public non-business unit to continue to add or replace a member of the Management Council (if there is a direct superior unit);
c) Resolution, Minutes of the meeting of the Management Board;
d) Written opinion of the party committee at the same level;
dd) Curriculum vitae of the person proposed to be supplemented or replaced;
e) Other relevant documents and documents (if any).”
Accordingly, the addition or replacement of members of the Management Council of public non-business units in the judicial domain shall comply with the above provisions.
Circular 04/2022/TT-BTP comes into force from August 5, 2022.
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