Can a newly recruited public employee in Vietnam who has been in the civil service for nearly 1 year be seconded?

Can a newly recruited public employee in Vietnam who has been in the civil service for nearly 1 year be seconded?

Pursuant to Clause 1 Article 36 of the Law on Public Employees in 2010 stipulating secondment of public employees as follows:

Secondment of public employee is the transfer of a public employee of a public non-business unit to work at another agency, organization or unit according to task requirements for a specified period. Heads of public non-business units or competent agencies managing public non-business units shall decide on the secondment of public employees.

Pursuant to Clause 1 Article 27 of the Decree 115/2020/NĐ-CP stipulating as follows:

1. Secondment of public employees shall be carried out in the following cases:

a) For urgent, emergency tasks.

b) To carry out work that needs to be resolved within a certain period of time.

2. The term of secondment of public employees shall not exceed 3 years. For specific industries and sectors, the term of secondment shall be implemented in accordance with the provisions of specialized laws.

3. Public employees who are seconded shall be subject to the assignment, arrangement, evaluation, and inspection of the performance of tasks of the agency, organization, or unit where they are seconded.

Pursuant to Clause 4 Article 27 of the Decree 115/2020/NĐ-CP stipulating as follows:

- The head of the public service unit or the head of the agency with the authority to manage the public service unit decides on the secondment of public employees under their management or submits to the competent authority for decision in accordance with the law.

- Before deciding to second a public employee, the head of the agency or unit that is assigned to manage and delegate the public employee needs to meet with the public employee to clearly state the purpose and necessity of the secondment to hear the public employee's suggestions before deciding at the discretion or report to the competent authority for consideration and decision.

Therefore, it can be seen that the secondment of public employees is based on the work tasks. There are also no regulations restricting the secondment of public employees if they are newly recruited. Therefore, in the case of you who have not been in the civil service for 1 year, it is still possible to apply secondment based on the needs and work tasks. At the same time, before the decision to second, you will be met to clearly state the purpose and necessity of the secondment; you can propose your opinions.

Can a newly recruited public employee in Vietnam who has been in the civil service for nearly 1 year be seconded? - Source: Internet

Can the head of a new public service unit second public employees in Vietnam?

Pursuant to Clause 1 Article 36 of the Law on Public Employees in 2010 stipulating as follows:

1. Secondment of public employee is the transfer of a public employee of a public non-business unit to work at another agency, organization or unit according to task requirements for a specified period. Heads of public non-business units or competent agencies managing public non-business units shall decide on the secondment of public employees.

2. The period of secondment is 3 years at most, except for a number of sectors and fields as stipulated by the Government.

3. Secondees shall comply with work assignment and management by agencies, organizations or units they are seconded to.

4. During the period of secondment, seconding public non-business units shall assure salaries and other benefits for secondees.

5. Secondees working in mountainous, border, island, deep-lying, remote, ethnic minority areas or areas with extremely difficult socio-economic conditions are entitled to support policies as stipulated by the Government.

6. At the end of the period of secondment, secondees may return to their former units. Heads of seconding public non-business units shall receive them back and arrange jobs suitable to their qualifications and skills.

7. Secondment is not applicable to female public employees who are pregnant or nursing under 36-months-old babies.

As regulations above, heads of public non-business units or competent agencies managing public non-business units shall decide on the secondment of public employees.

Best regards!