Vietnam: Is it possible to transfer for civil servants who are about to retire under the downsizing of staff?
Is it possible to transfer for civil servants who are about to retire under the downsizing of staff?
Pursuant to Article 56 of Decree 138/2020/ND-CP on standards and conditions for transfer of civil servants in Vietnam as follows:
Standards and conditions of transfer
1. Having a firm stance, political ideology, and good moral character.
2. In the planning, there are development capabilities and prospects; always complete the assigned task well.
3. Basically meet the specific criteria and conditions of the transfer office.
4. Age conditions:
a) Still working for at least two terms (10 years) from the time of transfer;
b) Particularly, civil servants who lead and manage transfer to implement regulations may not assign local people and to implement regulations must not hold more than two consecutive terms in a locality, agency or organization must have enough working time for at least one term.
5. Have enough health to work.
Thus, one of the standards and conditions for transfer with civil servants must be at least two terms (10 years) from the time of transfer.
Thus, civil servants who are about to retire in the form of downsizing cannot change jobs.
Vietnam: Is it possible to transfer for civil servants who are about to retire under the downsizing of staff?
What are the regulations on the procedures for transfer of civil servants in Vietnam?
Pursuant to Article 59 of Decree 138/2020/ND-CP, the procedures for transfer of civil servants in Vietnam is as follows:
- Step 1: Propose a policy:
Based on the demand for transfer of leading and managerial civil servants of the competent authority, the agency advising on personnel organization shall review and evaluate the contingent of leading and managerial civil servants of the agency or organization; develop a transfer plan and submit it to competent authorities for consideration and policy.
- Step 2. Proposal for personnel transfer:
Based on the policy of the competent authority, the agency advising on personnel organization shall notify relevant localities, agencies and organizations to propose personnel transfer.
- Step 3: Prepare personnel for transfer:
+ The agency advising on the organization of cadres synthesizes proposals from localities, agencies and organizations; conducting a review of standards, criteria and expected locations, titles and personnel transfer; collect comments and evaluations for the personnel expected to be transferred;
+ Committees, party organizations, leadership collectives, heads of competent agencies and agencies, organizations and units employing rotating civil servants are responsible for commenting and evaluating ethical qualities, life style; working capacity and reputation; working process and the pros and cons of the person proposed to be transferred; draw conclusions on political standards according to the Party's regulations, report to competent authorities for consideration and decision on cadre transfer.
- Step 4: Discuss with relevant agencies, civil servants to be transferred:
+ The agency advising on organization and personnel sends a document to collect appraisal opinions of relevant agencies, and discuss with the departure and arrival places about the expected location, titles and personnel transfer; summarizing appraisal results of relevant agencies;
+ Organize meetings with civil servants to be transferred to grasp the purpose and requirements of transfer; capture the thoughts, aspirations and determine the responsibility for the rotating civil servants.
- Step 5: Organize the transfer:
+ Agencies advising on personnel organization submit to competent authorities for consideration and decision on transfer;
+ Competent agencies lead and direct the organization and implementation of the transfer decision;
+ Coordinate with relevant agencies to monitor, comment and evaluate the process of transfer of rotating civil servants;
+ Coordinate with relevant agencies to assign, arrange and implement policies for civil servants after the transfer.
What is the application for transfer of civil servants in Vietnam?
Pursuant to the provisions of Article 60 of Decree 138/2020/ND-CP, the application for transfer for civil servants in Vietnam includes:
(1) A report on the appointment signed by the head of the agency or organization (in the case of submission to a competent superior for appointment decision); or signed by the head of the agency in charge of personnel organization (for the case of the head of the agency or organization);
(2) The summary of the vote counting results together with the vote counting minutes at the steps in the appointment process;
(3) Curriculum vitae, which is self-declared according to the prescribed form, certified by the direct management agency, with a 4x6 color photo, taken within a period of no more than 06 months;
(4) Self-review of the last 3 years of work;
(5) Comments and evaluations of the leaders of agencies and organizations on moral qualities, lifestyle, sense of discipline, internal solidarity, work capacity, results of performance of responsibilities and tasks in the last 3 years;
(6) Comments of the branch committee of the place of residence for himself and his family. If his/her place of residence is different from that of his/her family, he/she must obtain comments from the branch committee where he/she resides and where his/her family resides;
(7) Conclusion of the competent committee on political standards;
(8) Declaration of assets and income according to the prescribed form;
(9) Copies of diplomas and certificates as required by the standard of appointed titles. In case the employee has a diploma issued by a foreign educational institution, it must be recognized in Vietnam according to regulations;
(10) Health certificate issued by a competent medical facility within 06 months.
Nguyễn Thị Hồng Nhung
