What are the amendments to regulations on processes and procedures for the appointment of local or intramural personnel in Vietnam under the Decree 69/2023/ND-CP?
What are the amendments to regulations on processes and procedures for the appointment of local or intramural personnel in Vietnam under the Decree 69/2023/ND-CP?
Pursuant to Clause 2, Article 30 of Decree 159/2020/ND-CP (amended by Clause 8, Article 1 of Decree 69/2023/ND-CP), the processes and procedures for the appointment of local or intramural personnel are as follows:
Step 1: Collective leadership conference of the enterprise (first time)
Based on the appointment policy and the requirements of the enterprise and the human resources in the planning, the collective leadership discusses and agrees on the structure, quantity, criteria, conditions, and procedures for introducing personnel. At the same time, the results of evaluation and comments on each personnel in the planning (including individuals who are planned for equivalent positions and above) are reviewed; the list of personnel meeting the criteria and conditions as prescribed is approved to gather opinions for the next step and orient the appointment of personnel in accordance with the requirements of the agency or organization.
Participants: The Council of members or the Chairman of the company and the executive committee at the same level (for higher-level party organizations) or the executive committee at the same level (for grassroots-level party organizations).
The head of the personnel organization advisory agency (if any) attends the conference but is not a voting member, except when determined as a member of the collective leadership of the enterprise as prescribed in Article 3, Clause 3 of this Decree.
The results of the discussion and proposals are recorded in the minutes.
Step 2: Expanded collective leadership conference
Based on the structure, criteria, conditions, and list of personnel approved in step 1, the head of the enterprise discusses the appropriate appointment of personnel in accordance with the requirements of the agency or organization, and the conference discusses and introduces personnel through secret ballots.
Participants: Implemented as prescribed in Article 2, Clause 22 of Decree 159/2020/ND-CP.
Principles of introduction and selection: Each leadership member introduces one person for one position; the person who receives the highest number of votes, accounting for over 50% of the total number of personnel recommended for introduction, will be selected. In case no one reaches over 50%, all individuals with recommendation votes of 30% or above will be introduced in the next step.
If no one reaches 30% of the recommendation votes, further steps will not be carried out, and a report will be submitted to the competent authority for consideration and guidance on the appointment.
The personnel recommendation ballot is issued by the conference organizing committee and bears the official stamp of the unit. The result of the vote is recorded in the minutes and is not disclosed at this conference.
Step 3: Collective leadership conference (second time)
Based on the results of the personnel introduction in step 2, the collective leadership discusses and introduces personnel through secret ballots.
Participants: Implemented as prescribed in step 1.
Principles of introduction and selection: Each leadership member introduces one person for one position among the personnel introduced in step 2 or introduces another person who meets the prescribed criteria and conditions; the person who receives the highest number of votes, accounting for over 50% of the total number of personnel recommended for introduction, will be selected.
If no one reaches over 50%, all individuals with recommendation votes of 30% or above will be introduced in the next step. If no one reaches 30% of the recommendation votes, further steps will not be carried out, and a report will be submitted to the competent authority for consideration and guidance on the appointment.
If the personnel introduced in this step are different from the personnel introduced in step 2, the collective leadership will discuss, thoroughly analyze, evaluate multiple aspects to consider and decide on the selection of personnel to be introduced in the next step through secret ballots according to their authority and take responsibility for their decisions. The person selected must be recommended by at least 2/3 of the collective leadership.
If no one reaches 2/3 of the collective leadership's recommendation, further steps will not be carried out, and a report will be submitted to the competent authority for consideration and guidance on the appointment.
The personnel recommendation ballot is issued by the conference organizing committee and bears the official stamp of the unit. The result of the vote is recorded in the minutes and is announced at this conference.
Step 4: Key personnel conference
Organize a closed ballot to gather opinions on the list of personnel introduced in step 3.
Participants: Implemented as prescribed in Article 21 of this Decree.
Process of the conference: Announce the list of personnel introduced in step 3; summarize the resume, educational and work experience; declaration of assets and income; evaluation, comments on strengths, weaknesses, development prospects, and expected assignments; collect votes of confidence (can be signed or unsigned).
The vote of confidence ballot is issued by the conference organizing committee and bears the official stamp of the unit. The result of the vote is recorded in the minutes and is not disclosed at this conference.
Step 5: Leadership collective conference (third time)
Before conducting the conference, the competent party committee sends a written request to assess and provide written comments on personnel; conduct verification and draw conclusions on new emerging issues (if any).
The leadership collective discusses and votes on personnel.
Participants: Implemented as prescribed in step 1.
Process of implementation: Based on the written comments and evaluations of the competent party committee; the results of the votes at the conferences; the results of verification and conclusions on new emerging issues (if any) regarding the proposed personnel appointment; the leadership collective discusses and votes on personnel through closed ballots.
Principles of selection: The person who receives the highest number of votes, accounting for over 50% of the total number of personnel recommended for appointment, will be selected. In case there are 2 individuals with the same number of votes and a ratio of 50%, the one who is ranked higher will consider and select the personnel to be proposed for appointment; at the same time, a full report of different opinions will be submitted for the competent authority to consider and decide.
The personnel appointment ballot is issued by the conference organizing committee and bears the official stamp of the unit. The result of the vote is recorded in the minutes.
The Chairman of the Council of members, the Chairman of the company makes the appointment decision according to their authority or submits it to the competent authority for consideration and decision.
What are the amendments to regulations on processes and procedures for the appointment of local or intramural personnel in Vietnam under the Decree 69/2023/ND-CP?
What are the requirements for appointment of local or intramural personnel in Vietnam?
Pursuant to Article 7 of Decree 69/2023/ND-CP, the conditions for appointment are as follows:
Requirements for appointment
1. Ensure the general standards and conditions as prescribed by the Party, the State, and the specific standards and conditions for the appointed position according to the regulations of the competent authority.
2. For local or intramural personnel, they must be planned for the appointed position or be planned for an equivalent position or higher. For personnel from other places, they must be planned for an equivalent position or higher. In special cases, it will be considered and decided by the competent authority. In the case of newly established enterprises that have not yet approved the planning, it will be considered and decided by the competent authority.
3. Have personal records, biographies, declaration of assets and income as prescribed.
4. Age for appointment:
a) Personnel proposed for the first appointment to a leadership or managerial position, or proposed for a higher leadership or managerial position, must be of an age to fulfill the full term of appointment. The age for appointment is calculated according to the regulations of the competent authority. In special cases, it will be considered and decided by the competent authority.
b) Personnel reassigned or appointed to a new position that is equivalent or lower than the current position will not be subject to the age requirements as stated in point a of this provision.
5. Have sufficient health to fulfill the assigned tasks.
6. Not fall under the cases prohibited from holding positions as stipulated by law.
7. Not under disciplinary processing, investigation, prosecution, or trial. In the case of enterprises undergoing inspection or examination by competent authorities, the competent authority will consult with the inspection or examination agency regarding the personnel proposed for appointment before making a decision.
8. Have a minimum tenure of holding the current position or an equivalent position of at least 2 years (24 months). If not continuous, it can be accumulated (only accumulated for the tenure of holding an equivalent position). In special cases, it will be considered and decided by the competent authority.
9. Managers of enterprises who are disciplined during their tenure in a position will not be appointed or recommended for a higher position within the specified period as prescribed by the competent authority.
Therefore, the regulations on appointment for local or intramural personnel must comply with the above provisions.
How long is the term in office in Vietnam?
Pursuant to Article 27 of Decree 159/2020/ND-CP stipulates as follows:
Term in office
1. The term of office in each tenure of an appointed state enterprise executive or comptroller is 5 years from the effective date of the appointment decision. In case of less than 05 years’ term of office, the decision of the relevant competent authority must be observed.
2. In case where a state enterprise executive or comptroller is seconded, transferred or appointed to hold the new office at least equivalent to the previous one, the term of office shall begin from the effective date of the transfer, secondment or appointment decision.
3. In case where any change in the managerial title occurs due to any change of the enterprise's name, the term of office shall start from the effective date of the decision on appointment to the title called the same as the one existing before such change.
Thus, the term in office is implemented according to the provisions mentioned above.
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