If public employees work until August of this year and then retires, will they be graded for successfully completing task at the end of year in Vietnam?

If public employees work until August of this year and then retires, will they be graded for successfully completing task at the end of year in Vietnam?

In Article 2 of Decree 90/2020/ND-CP stipulating principles of assessment and classification of the quality of cadres, civil servants and public employees:

1. Ensure objectivity, fairness and accuracy; no respect, oppression, favoritism, formality; ensure the right competence to manage and evaluate cadres, civil servants and public employees.

2. The evaluation and classification of quality must be based on the assigned responsibilities and tasks and the results of task performance, expressed through specific jobs and products; for cadres, civil servants and public employees leading and managing must be associated with the results of performing tasks of agencies, organizations and units assigned to manage and take charge of them.

3. Cadres, civil servants and public employees who have worked in the year for less than 6 months, shall not be able to evaluate and classify the quality but still have to review their working time in the year, except for the case of maternity leave.

Cadres, civil servants and public employees who are absent from work as prescribed by law in the year from 3 months to less than 6 months, shall still conduct the assessment but do not rate the quality at the level of successfully completing the task or higher. 

Cadres, civil servants and public employees taking maternity leave according to the provisions of law, the result of quality classification in the year is the result of quality classification of the actual working time of that year.

4. The results of the evaluation and classification of the quality of cadres, civil servants and public employees according to the provisions of this Decree shall be used as a basis for joint assessment and classification of the quality of party members.

According to this Article, you are an employee who retired from August and did not work at the unit within 04 months by the end of the year. According to regulations in Vietnam, public employees who are absent from work for 3 months to less than 6 months may still be assessed but not graded at the level of completing tasks well or higher.

Can public employees who do not hold a managerial post has been disciplined during the year be classified as fulfilling their duties in Vietnam?

According to Article 15 of Decree 90/2020/ND-CP stipulating criteria for grading the quality of public employees at the level of not completing tasks:

1. Public employees who do not hold managerial positions with one of the following criteria shall be classified as failing to fulfill their tasks:

a) There are signs of deterioration in political ideology, morality, lifestyle, self-evolution, and self-transformation as assessed by competent authorities;

b) Having more than 50% of the criteria on the results of task performance according to the signed working contract, according to the proposed plan or according to the assigned specific tasks, which fail to ensure the progress, quality and efficiency;

c) Violations in the course of performing their duties shall be disciplined in the evaluation year;

2. Managerial officers with one of the following criteria shall be classified as failing to fulfill their tasks:

a) There are signs of deterioration in political ideology, morality, lifestyle, self-evolution, and self-transformation as assessed by competent authorities;

b) Having more than 50% of the criteria on the results of task performance according to the signed working contract, according to the proposed plan or according to the assigned specific tasks, which fail to ensure the progress, quality and efficiency;

c) The unit or field of work assigned to fulfill less than 50% of the targets and tasks;

d) Units under their competence in charge and management directly related to embezzlement, corruption and wastefulness and shall be handled in accordance with law;

dd) Violations in the course of performing their duties shall be disciplined in the evaluation year.

Thus, if you are a public employee who does not hold a managerial position but has been disciplined in the year of the evaluation, you will be graded at the level of failure to complete the task in Vietnam.

What is competence to evaluate and rank quality of public employees in Vietnam? 

Pursuant to Article 16 of Decree 90/2020/ND-CP stipulating competence to assess and classify the quality of cadres, civil servants and public employees, according to which:

1. For cadres

The level competent to manage cadres shall evaluate and classify the quality of cadres according to the cadre management decentralization.

2. For civil servants

a) The assessment and classification of the quality of heads of agencies, organizations and units shall be performed by the heads of superior agencies under their direct management;

b) The evaluation and classification of the quality of deputies of heads and civil servants under their management shall be carried out by heads of agencies employing civil servants.

3. For public employees

The competence and responsibility to evaluate and classify the quality of public employees shall comply with the provisions of Clauses 1, 2 and 3, Article 43 of the Law on Public Employees.

In Article 43 of the Law on Public Employees 2010 stipulates public employee evaluation responsibility, according to which:

1. Heads of public non-business units shall evaluate public employees under their management.

2. Depending on specific conditions, heads of public non-business unit may personally evaluate public employees under their management or assign or delegate such evaluation. Persons assigned to evaluate public employees shall take responsibility for evaluation results before heads of public non-business units.

3. Persons with appointing competence shall evaluate managerial public employees in public non-business units.

4. The Government shall detail the order and procedure for evaluating public employees under this Article.

With the above provisions in Vietnam, the person competent to evaluate and classify public employees will be decided by the above subjects.

Best regards!