Is it permitted to retain the job position of a healthcare professional who holds a higher-grade official rank?
Is it possible to retain the position for medical professionals holding a higher civil servant grade?
Based on the provisions of Article 6 of Circular 19/2023/TT-BYT, the following is stipulated:
Transitional Provisions
For cases where medical professionals are holding a higher civil servant grade (including those who have been recognized as having passed the exam or have been considered for promotion to a higher civil servant grade before this Circular comes into effect) compared to the civil servant grade required for the job position as stipulated in this Circular, retention is allowed until new guidelines on salary policies are provided according to regulations.
Thus, based on the above provision, in the case of medical professionals holding a higher civil servant grade (including those who have been recognized as having passed the exam or have been considered for promotion to a higher civil servant grade before this Circular 19/2023/TT-BYT takes effect) compared to the civil servant grade required for the job position stipulated in Circular 19/2023/TT-BYT, retention is permitted until new guidelines on salary policies are provided according to regulations.
*Is it possible to retain the position for medical professionals holding a higher civil servant grade?*
On what basis is the position for medical professionals determined?
Based on the provisions of Clause 2, Article 3 of Circular 19/2023/TT-BYT, the basis for determining the position for medical professionals is regulated as follows:
Principles and Bases for Determining Job Positions for Medical Professionals
1. The principles for determining job positions for medical professionals are implemented according to the provisions of Article 3 of Decree No. 62/2020/ND-CP dated June 1, 2022, of the Government of Vietnam regarding job positions and civil servant staffing (hereinafter referred to as Decree No. 62/2020/ND-CP).
2. The bases for determining job positions for medical professionals are implemented according to the provisions of Clause 1, Article 4 of Decree No. 62/2020/ND-CP.
3. The determination of job positions ensures that there is no increase in the civil servant staffing approved by the competent authority.
Refer to Clause 1, Article 4 of Decree 62/2020/ND-CP which states:
Bases for Determining Job Positions, Civil Servant Staffing, and Civil Servant Grades
1. Bases for Determining Job Positions
a) Functions, tasks, powers, and organizational structure of the agency or organization;
b) The complexity, nature, characteristics, scope of activities, scope and subjects served; professional management process as prescribed by specialized laws.
2. Bases for Determining Civil Servant Staffing
a) Job positions and workload of each job position;
b) The level of modernization of equipment, working facilities, and information technology application;
c) The actual use of civil servant staffing assigned;
d) For local agencies or organizations, besides the bases specified in Points a, b, c of Clause 2 of this Article, it is also based on the population size, natural area, number of district and commune-level administrative units, and security, political security, order, and social safety characteristics.
3. Bases for Determining Civil Servant Grades
a) Job positions;
b) The complexity of work for each job position;
c) The standards of civil servant grades corresponding to the job positions.
Thus, according to the above regulation, the bases for determining the position for medical professionals include:
- Functions, tasks, powers, and organizational structure of the agency or organization;- The complexity, nature, characteristics, scope of activities, scope and subjects served; professional management process as prescribed by specialized laws.
What is the approval process for the position of medical professionals?
Based on the provisions of Article 7 of Decree 62/2020/ND-CP, the following process is regulated:
Approval Procedure for Job Positions
1. Agencies, organizations under the ministries, ministerial-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam, the Prime Minister of the Government of Vietnam that are not public service providers, People's Committees of provinces and centrally-affiliated cities (hereinafter collectively referred to as ministries, central authorities, and local authorities) shall base on Clause 1, Article 4 of this Decree and the guidance documents of the competent authority on job positions to develop a job position proposal for their agency or organization, and send it to the agency or organization specified in Clause 2, Article 7 of this Decree for appraisal.
2. The agency or organization assigned the task of organizing staff of ministries, central authorities, and local authorities shall receive the dossier, appraise the job position proposal, and aggregate the job positions of the agencies and organizations of ministries, central authorities, and local authorities, then submit it to the competent authority for decision as specified in Clause 3, Article 7 of this Decree.
3. Heads of ministries, central authorities, and local authorities shall approve the job positions in the agencies and organizations under their management.
Thus, according to the above regulation, the approval process for the position of medical professionals is carried out in the following steps:
Step 1: Agencies, organizations under the ministries, ministerial-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam, the Prime Minister of the Government of Vietnam that are not public service providers, and People's Committees of provinces and centrally-affiliated cities shall develop a job position proposal for medical professionals of their agency or organization and send it to the agency or organization specified in Clause 2, Article 7 of Decree 62/2020/ND-CP for appraisal.
Step 2: The agency or organization assigned the task of organizing staff of ministries, central authorities, and local authorities shall receive the dossier, appraise the job position proposal for medical professionals, aggregate the job positions for medical professionals of the agencies and organizations of ministries, central authorities, and local authorities, then submit it to the competent authority for decision as specified in Clause 3, Article 7 of Decree 62/2020/ND-CP.
Step 3: Heads of ministries, central authorities, and local authorities shall approve the job positions for medical professionals in the agencies and organizations under their management.
Circular 19/2023/TT-BYT takes effect from December 22, 2023.
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