Vietnam: What are the procedures for appointing vice principals of public preschools?

Are vice principals of public preschools considered managerial public employees in Vietnam?

First, according to Article 3 of the Law on Public Employees 2010 (with content annulled by Clause 13, Article 2, Point a of the Law on Amendments to Law on Officials and Law on Public Employees 2019), a managerial public employee is an individual appointed to hold a managerial position for a fixed term, responsible for directing, organizing, and performing one or several tasks in a public service provider, but not an official, and enjoys a leader allowance.

Moreover, Article 2 of the Law on Public Employees 2010 stipulates that public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

Additionally, Article 3 of the Decree 115/2020/ND-CP stipulates the Categorization of public employees as follows:

Categorization of public employees

1. Based on duties and responsibilities, public employees are categorized as follows:

a) Managerial public employees are individuals appointed to managerial positions for a fixed term, responsible for directing, organizing, and performing one or several tasks in a public service provider and enjoying leader allowances;

b) Non-managerial public employees are individuals who only perform professional tasks according to their professional titles in a public service provider.

2. Based onqualifications, public employees are categorized as follows:

a) Public employees with professional titles requiring doctoral degrees;

b) Public employees with professional titles requiring master's degrees;

c) Public employees with professional titles requiring undergraduate degrees;

d) Public employees with professional titles requiring college degrees;

e) Public employees with professional titles requiring intermediate degrees.

According to all the above regulations, managerial public employees are appointed to managerial positions for a fixed term, responsible for directing, organizing, and performing one or several tasks in a public service provider.

Thus, vice principals of public preschools are considered managerial public employees.

What are the procedures for appointing vice principals of public preschools in Vietnam? (Image from Internet)

What are the procedures for appointing vice principals of public preschools in Vietnam?

Since vice principals of public preschools are managerial public employees, the appointment process will be carried out according to Article 46 of the Decree 115/2020/ND-CP (amended by Clause 25, Article 1 of the Decree 85/2023/ND-CP) as follows:

Phase 1: Seeking Appointment Approval

- Agencies or units needing to appoint managerial public employees must submit a written request to the competent authority, clearly stating the position to be filled, candidate sources, anticipated allocation of specific duties, and tasks.

- Within 10 working days from receiving the request, the competent authority must review and decide on the appointment approval.

- Within 30 working days from the date of receiving the approval document, the agency, organization, or unit must complete the prescribed personnel process.

Phase 2: Conducting the Appointment Process for Internal Candidates:

The appointment process for internal candidates involves 05 steps; meetings are only conducted if at least 2/3 of the summoned individuals are present. The composition of the attendees is dictated by this provision, except as stated in Clause 2, Article 47 of Decree 115/2020/ND-CP (amended by Clause 26, Article 1 of Decree 85/2023/ND-CP).

- Step 1: Collective Leadership Meeting (First Meeting)

Based on the appointment approval, unit task requirements, and candidate resources within the planning, the head convenes with the leadership collective to discuss, review, and agree on structure, quantity, standards, conditions, and personnel process; concurrently, review the assessment and feedback on each candidate in the planning (including those planned for equivalent ranks or higher), and approve a list of candidates meeting the standards and conditions for nomination in the next step.

Composition: Collective leadership of the agency/unit, including:

- The head and deputy head of the public service provider; the head's identification in higher education institutions complies with the regulations of the Communist Party and specialized laws.

- If the head or deputy head does not belong to the Standing Committee of the party committee (for superstructure party organizations) or the equivalent committee of the unit, then the head of the equivalent party committee of the agency/unit will attend.

- According to the appointment authority's decentralization, the competent authority's leadership representative chairs the Meeting or authorizes a delegate to do so.

- The head or deputy head of the organization, or personnel department of the competent authority attends but does not vote.

The discussion and recommendations are recorded in the minutes.

- Step 2: Extended Collective Leadership Meeting

Based on the structure, quantity, standards, conditions, and candidate list approved in Step 1, the head provides orientation for the appropriate appointments to meet the unit's requirements for the Meeting to discuss and secretly vote on the candidates.

Composition: Collective leadership as per the provisions of this Clause; the Standing Committee of the equivalent party committee (for superstructure party organizations) or the equivalent party committee of the unit; heads of subordinate and affiliated units (if any).

Nomination and selection principle: Each Meeting member nominates one person for one position; the candidate receiving the highest number of votes out of those receiving more than 50% of the total summoned votes will be selected.

If no candidate receives over 50%, all those receiving at least 30% are nominated for the next step.

If no one receives 30%, the process ceases, and the competent authority is consulted.

The personnel nomination slips are issued by the Meeting organizers and bear the unit's seal. The vote results are recorded but not announced at this Meeting.

- Step 3: Collective Leadership Meeting (Second Meeting)

Based on the results from Step 2, the leadership collective discusses and nominates candidates through a secret ballot.

Composition: Same as in Step 1.

Nomination and selection principle: Each member nominates one candidate for a position from those nominated in Step 2 or another eligible individual; the candidate with the highest votes and over 50% is nominated.

If no candidate reaches 50%, all those receiving at least 30% are nominated for the next step.

If no one reaches 30%, the process ceases, and the competent authority is consulted.

If the chosen candidate differs from those in Step 2, the leadership collective discusses and votes secretly on the final candidate by majority decision.

The selected candidate must have at least 2/3 of the collective leadership's votes.

If no one earns enough votes, the process stops, and the competent authority is consulted.

The personnel nomination slips are issued by the Meeting organizers and bear the unit's seal. The vote results are summarized and announced at the Meeting.

- Step 4: Key Personnel Meeting

Solicit opinions from key personnel for the candidates nominated in Step 3.

Composition: Collective leadership as per this Clause; heads of political and social organizations of the public service provider; deputy heads of subordinate units (if any).

For public service units with fewer than 30 members, all public employees may attend.

Procedural order: Introduce candidates from Step 3 with a summary of their biographies, work history, asset declarations, disciplines, strengths, and assigned tasks.

Cast votes for personnel (names optional). Personnel nomination slips are issued by the Meeting organizers and bear the unit's seal. The results are recorded but not announced at the Meeting.

- Step 5: Collective Leadership Meeting (Third Meeting)

Before the Meeting, the unit must request the party committee's comments on the candidate and investigate any new issues.

The leadership collective discusses and votes on the candidate.

Composition: Same as in Step 1.

Procedural order: Based on assessments from the party committee, results from prior Meetings, and investigation findings, the collective leadership discusses and votes secretly on the nomination.

Principle of selection: The candidate receiving the highest votes and over 50% of the total summoned is nominated. If two candidates tie with 50%, the head decides, and opposing opinions are reported for further consideration.

Personnel nomination slips are issued by the Meeting organizers and bear the unit's seal. The vote results are recorded.

The head of the public service provider issues the decision for appointment or submits it to the competent authority.

Phase 3: Conducting the Appointment Process for External Candidates:

For candidates from external sources proposed by authorities or organizations, the respective department proceeds as follows:

- Step 1: Discuss with the prospective receiving unit's leadership about the appointment.

- Step 2: Discuss with the prospective appointing unit's leadership about the appointment. The leadership committee from the candidate's current place of work must yield over 50% approval for the candidate; otherwise, the authority is consulted.

Obtain local and organizational feedback.

Meet the prospective candidate to discuss job requirements.

- Step 3: Coordinate with relevant bodies for candidate verification and recommendation.

If the candidate meets the standards, conditions, and differing opinions persist, the department presents all opinions to the authority for decision-making.

Phase 4: Based on Article 46, Clause 2 of the Decree 115/2020/ND-CP (amended by Clause 25, Article 1 of the Decree 85/2023/ND-CP), the competent authority's regulations on appointment powers, processes, procedures, and specific conditions for public service providers, the head of the managing authority or the authority's delegate determines the attendees for the appointment procedure.

What are the duties and powers of vice principals of preschools in Vietnam?

The duties and powers of vice principals of preschools in Vietnam are stipulated in Clause 2, Article 10 of the Charter of Preschools issued with Circular 52/2020/TT-BGDDT as follows:

- Assume responsibility to perform tasks assigned by the principal; perform etiquette principles of managers as per regulation.

- Operate the school when authorized by the principal.

- Participate in daily activities with divisions of specialities or offices; directly participate in educational activities 4 hours per week; conduct self-study and advanced training to improve the professional capability and managerial capability; benefit from preferential allowances for teachers and preferential policies as per regulation.

 - Conduct private investment in education and promote the role of the school in the community.