What are the bases for the transfer and rotation of cadres and civil servants in Vietnam?
What are the transfer and rotation of cadres and civil servants in Vietnam?
Pursuant to Clause 10, Article 7 of the Law on cadres and civil servants 2008 and Clause 11, Article 7 of the Law on cadres and civil servants 2008 stipulates as follows:
Interpretation of terms
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10. Transfer means a competent agency to decide to send a cadre or civil servant from one agency, organization or unit to another.
11. Rotate means to assign or appoint a managerial or leading cadre or civil servant to hold another leading or managerial title for a given period in order to further train and retrain him/her in response to task requirements.
Accordingly, the transfer and rotation of cadres and civil servants are regulated as follows:
- Transfer means a competent agency decides to send a cadre or civil servant from one agency, organization or unit to another.
- Rotate means to assign or appoint a managerial or leading cadre or civil servant to hold another leading or managerial title for a given period in order to further train and retrain him/her in response to task requirements.
What are the bases for the transfer and rotation of cadres and civil servants in Vietnam?
What are the bases for the transfer of cadres and civil servants in Vietnam?
Pursuant to Article 26 of the Law on cadres and civil servants 2008 stipulates as follows:
Transfer and rotation of cadres
1. Based on task requirements and personnel planning, cadres may be transferred and rotated within the system of agencies of the Communist Party of Vietnam, the State and socio-political organizations.
2. The transfer and rotation of cadres comply with laws and regulations of competent agencies.
At the same time, based on Article 50 of the Law on cadres and civil servants 2008, it is stipulated as follows:
Transfer of civil servants
1. Transfer of civil servants must be based on task requirements and political qualities, ethics, and specialized or professional capabilities and qualifications of civil servants.
2. Transferred civil servants must meet specialized or professional requirements of new working positions.
Thus, cadres and civil servants may be transferred to other places when:
- Transfer of cadres: within the system of agencies of the Communist Party of Vietnam, the State and socio-political organizations.
- Transfer of civil servants:
+ Transfer of civil servants must be based on task requirements and political qualities, ethics, and specialized or professional capabilities and qualifications of civil servants.
+ Transferred civil servants must meet specialized or professional requirements of new working positions.
What are the bases for the rotation of cadres and civil servants in Vietnam?
Pursuant to Article 26 of the Law on cadres and civil servants 2008 stipulates as follows:
Transfer and rotation of cadres
1. Based on task requirements and personnel planning, cadres may be transferred and rotated within the system of agencies of the Communist Party of Vietnam, the State and socio-political organizations.
2. The transfer and rotation of cadres comply with laws and regulations of competent agencies.
At the same time, based on Article 52 of the Law on cadres and civil servants 2008, it is stipulated as follows:
Rotation of civil servants
1. Based on task requirements and civil servant employment plannings and plans, leading or managerial civil servants may be rotated within the system of agencies of the Communist Parly of Vietnam, the State and socio-political organizations.
2. The Government shall issue specific-regulations on rotation of civil servants.
Accordingly, cadres and civil servants may be rotated to other places when:
- For cadres: Based on task requirements and personnel planning, cadres may be transferred and rotated within the system of agencies of the Communist Party of Vietnam, the State and socio-political organizations.
- For civil servants: Based on task requirements and civil servant employment plannings and plans, leading or managerial civil servants may be rotated within the system of agencies of the Communist Parly of Vietnam, the State and socio-political organizations.
What is the process for the rotation of civil servants in Vietnam?
Pursuant to Article 59 of Decree 138/2020/ND-CP stipulating the process of civil servant rotation as follows:
- Step 1: Propose a policy:
Based on the demand for rotation 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 rotation plan and submit it to competent authorities for consideration and policy.
- Step 2. Proposal for personnel rotation:
Based on the policy of the competent authority, the agency advising on personnel organization shall notify relevant localities, agencies and organizations to propose personnel rotation.
- Step 3: Prepare personnel for rotation:
+ 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 rotation; collect comments and evaluations for the personnel expected to be rotated;
+ 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 rotated; draw conclusions on political standards according to the Party's regulations, report to competent authorities for consideration and decision on cadre rotation.
- Step 4: Discuss with relevant agencies, civil servants to be rotated:
+ 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 rotation; summarizing appraisal results of relevant agencies;
+ Organize meetings with civil servants to be rotated to grasp the purpose and requirements of rotation; capture the thoughts, aspirations and determine the responsibility for the rotating civil servants.
- Step 5: Organize the rotation:
+ Agencies advising on personnel organization submit to competent authorities for consideration and decision on rotation;
+ Competent agencies lead and direct the organization and implementation of the rotation decision;
+ Coordinating with relevant agencies to monitor, comment and evaluate the process of rotation of rotating civil servants;
+ Coordinate with relevant agencies to assign, arrange and implement policies for civil servants after rotation.
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