What are the procedures for re-appointing managerial public employees in the education sector in Vietnam?
What are the procedures for re-appointing managerial public employees in the education sector in Vietnam?
Under Article 51 of Decree 115/2020/ND-CP amended by Clause 28, Clause 29 Article 1 of Decree 85/2023/ND-CP, the procedures for re-appointing managerial public employees in the education sector in Vietnam are carried out as follows:
Step 1: No later than 90 days before the expiration of the appointment period, the competent authority or unit must issue a notice to initiate the process of considering the reappointment of the public employee.
Step 2: The public employee compiles a self-assessment report, assessing the performance of duties and responsibilities during the tenure of the position.
Step 3: Organizing a key staff conference to gather opinions on the reappointment:
- Composition: Conducted as stipulated in step 4 of the managerial public employee appointment process.
- Implementation sequence: The public employee under consideration for reappointment submits a self-assessment report, assessing the performance of duties during the period of holding the position; the conference discusses and votes by secret ballot on the public employee considered for reappointment.
- The minutes of the conference and the minutes of the trust vote are submitted to the head of the authority or unit with the power to appoint. The voting results are not announced at this conference.
Step 4: Collective leadership of the unit discusses and votes on personnel:
- Composition: Conducted as stipulated in step 5 of the managerial public employee appointment process.
- Implementation sequence:
+ Analyze the results of the voting at the key staff conference. The public employee proposed for reappointment must achieve over 50% approval of the total number of attendees summoned to the key staff conference. If the percentage is from 50% or less, report to the competent authority for consideration and decision on continuing the process.
+ Verify and conclude on any arising issues (if any).
+ Obtain written opinions from the executive committee of the party committee, branch committee, or party cell regarding the personnel recommended for reappointment.
+ The collective leadership discusses, evaluates, and votes on personnel by secret ballot. The personnel recommended for reappointment must achieve over 50% agreement from the total members of the collective leadership. If personnel achieve 50%, the decision falls to the head according to their authority or is submitted to the competent authority for consideration and decision; if the percentage is under 50%, report all differing opinions for the competent authority to consider and decide.
Step 5: The head of the public service provider issues the reappointment decision according to their authority or submits it to the competent authority for consideration and decision.
See also: How does educational management affect student learning quality?
What are the procedures for re-appointing managerial public employees in the education sector in Vietnam? (Image from Internet)
What are the standards and conditions for re-appointing managerial public employees in the education sector in Vietnam?
The 5 standards and conditions for re-appointing managerial public employees in the education sector in Vietnam include:
- Completing duties during the period of holding the managerial position.
- Meeting the standards of the management title as prescribed by the competent authority or unit at the time of reappointment.
- The unit requires a managerial position.
- Having good health to fulfill the assigned duties and responsibilities.
- Not falling into cases prohibited from holding a position according to legal regulations.
What are the cases in which the re-appointment of managerial public employees in the education sector in Vietnam is suspended?
Under Article 49 of Decree 115/2020/ND-CP regarding the time, period, and principles for reappointment or extending the period of holding a management position, the regulations are as follows:
Time, period, and principles for reappointment, extending the period of holding managerial position
...
- The reappointment decision or the decision to extend the period of holding managerial position must be issued at least 1 working day before the expiration of the current term.
- If a public employee managing education reaches the end of the appointment period without a reappointment decision or an extension decision from the competent authority or unit, they cannot perform the duties, responsibilities, or powers of the current period of holding managerial position. The exercise of duties, responsibilities, and powers of that period of holding managerial position is subject to review and decision by the competent authority or unit.
- Cases where the reappointment process or extension of the period of holding managerial position is not carried out:
a) Managerial public employees are under disciplinary action, investigation, prosecution, or trial;
b) Managerial public employees are being sent by the competent authority or unit to study or work abroad for 3 months or more;
c) Managerial public employees are undergoing inpatient treatment for 3 months or more at medical institutions or are on maternity leave.
Thus, the cases in which the re-appointment of managerial public employees in the education sector in Vietnam is suspended include:
a) Managerial public employees are under disciplinary action, investigation, prosecution, or trial;
b) Managerial public employees are being sent by the competent authority or unit to study or work abroad for 3 months or more;
c) Managerial public employees are undergoing inpatient treatment for 3 months or more at medical institutions or are on maternity leave.
