Can public employees be re-appointed in Vietnam during time they are sent to undergo training?

Can public employees be re-appointed in Vietnam during time they are sent to undergo training?

In Article 49 of Decree 115/2020/ND-CP stipulating time, duration and principles for re-appointment and extension of time holding managerial positions, as follows:

1. When the time limit for holding the appointed position expires, the agency or unit competent to appoint must carry out the process of considering re-appointment or extending the time holding the managerial position. In case the process of re-appointment or extension of time holding a management position has not been carried out as prescribed in Clause 5 of this Article, the agency or unit competent to appoint must give a written notice to the unit and its officials.

2. When a managerial public employee, when the appointment term expires, is re-appointed by the month of full retirement age and has less than 05 years of service remaining, the appointment term shall be counted to the time of reaching the prescribed retirement age.

If there are less than 2 years of working by the month of full retirement age, the appointing agency or unit shall consider and, if the criteria and conditions are satisfied, decide to extend the time of holding the management position until the time of reaching the prescribed retirement age.

3. The decision to re-appoint or decide to extend the time holding a managerial position must be issued at least 01 working day before the expiration of the appointment period.

4. In case a managerial public employee, upon the expiration of the appointment term, has not yet received a decision on re-appointment or extension of the time holding a managerial position by a competent agency or unit, he or she may not perform his/her duties and responsibilities and authority of the current management position. The performance of the responsibilities, tasks and authority of such managerial position shall be considered and decided by the competent appointing agency or unit.

5. Cases in which the process of re-appointment or extension of time holding a management position has not been carried out:

a) The administrative public employee is within the disciplinary time limit, is being investigated, prosecuted or tried;

b) Managerial public employees are sent by a competent agency or unit to study or work abroad for 3 months or more;

c) Management public employees are in inpatient treatment for 3 months or more at medical facilities or are on maternity leave.

According to this Article, if you are a management public employee who is being sent by a competent agency or unit to study or work abroad for 3 months or more, in cases that have not been reviewed, re-appointed and cannot continue to calculate allowances for leadership positions in Vietnam.

Will officials who are sent to undergo training stop receiving position allowances in Vietnam?

According to Clause 1, Article 37 of Decree 101/2017/ND-CP stipulating rights of cadres, public officials and public employees sent to undergo training and refresher training, as follows:

1. For cadres, public officials and public employees sent to undergo domestic training and refresher training:

a) Undergo training and refresher training at the convenient time arranged by the authority managing and employing them and be provided with funding by such authority as prescribed;

b) Be entitled to include the training and refresher training time in consecutive working time;

c) Be entitled to benefits and allowances under regulations of law;

d) Be praised and commended for excellent training or refresher training results.

Pursuant to Point c, Clause 2, Section II of Circular 02/2005/TT-BNV as amended by Clause 1, Section II of Circular 83/2005/TT-BNV stipulating cases of resignation from the leadership position (election, appointment), specifically as follows:

c) Cases of resignation from leadership positions (election, appointment):

c1) If he/she ceases to hold a leadership position due to a disciplinary dismissal, dismissal, dismissal or no re-appointment, he/she shall cease to enjoy the leadership position allowance from the effective date of the decision to stop holding the leadership position.

c2) If you stop holding the leadership position due to the extension of working time when reaching the retirement age as prescribed in Decree No. 71/2000/ND-CP dated November 23, 2000 of the Government, or stop holding the position leaders to carry out retirement procedures according to the notices of competent agencies but still on the payroll with social insurance premiums of the agencies or units (hereinafter referred to as the termination of leadership positions), from October 1, 2004, the allowance for the leadership position will be changed according to the old coefficient to the level of allowance for the leadership position according to the new coefficient of the leadership title held at the time of stopping holding the leadership position until the date of receiving the retirement book (In case of discontinuation of the leadership position from October 1, 2004 onwards, the allowance for the leadership position shall be reserved according to the new coefficient from the date of cessation of holding the leadership title until the date of receipt of the retirement book).

c3) If he/she resigns from holding a leadership position due to organizational reorganization or downsizing according to the Government's regulations, separate instructions shall be followed in that time of organizational reorganization or downsizing.

c4) The remaining cases of resignation from the leadership title (election, appointment) other than the cases in Item c1, c2 and c3 above, the position allowance of the former leadership title will be preserved for the period of 6 months from the date of the decision to stop holding the leadership position; From the 7th month onwards, he/she shall stop enjoying the leadership position allowance.

In case you are holding the position of Vice Dean of a hospital, and have decided to be sent to attend specialized training for 2 years, during the time you are sent to study, you will be entitled to the regimes and allowances as prescribed under the law in Vietnam.

If during your schooling, you end your term as a leader but are not reappointed, from the date of your term's end in Vietnam, you will be entitled to the position allowance of the title of Vice Dean for 6 months; From the 7th month onwards, the position allowance will be stopped.

What are regulations on term of office of public employees in Vietnam?

Pursuant to Article 43 of Decree 115/2020/ND-CP stipulating term of holding position, according to which:

1. The term of holding a managerial position for each appointment is 5 years, counting from the effective date of the appointment decision, except for the case of less than 5 years as prescribed by specialized laws.

2. The term of a public employee holding a managerial position shall not exceed two consecutive terms in accordance with specialized laws.

With this provision in Vietnam, the term of holding the position of cadres, civil servants and public employees shall comply with the above provisions.

Best regards!