When term of office expires, do management public employees have to be considered for reappointment in Vietnam?

When term of office expires, do management public employees have to be considered for reappointment in Vietnam?

Article 49 of Decree 115/2020/ND-CP stipulates the time, duration and principles for reappointment and extension of management positions as follows:

1. When a management public employee expires according to regulations, the agency or unit with appointment authority must conduct a process to consider re-appointment or extend the period of holding the management position. In case the process of reappointment or extension of the period of holding a management position has not been carried out as prescribed in Clause 5 of this Article, the agency or unit with authority to appoint must notify the unit and staff in writing for public employees to know.

2. When the management public employee expires, up to the month of full retirement age and has less than 05 years of service remaining, the appointment term is calculated until the time of full retirement age according to regulations.

In case the month of full retirement age is less than 02 years of service, the agency or unit with appointing authority will consider and, if the criteria and conditions are met, decide to extend the period of holding the management position at the prescribed retirement age.

3. The decision to reappoint or the decision to extend the period of holding the management position must be issued at least 01 working day before the appointment period expires.

4. In case a manager has not yet had a decision to reappoint or extend the term of holding a management position from a competent agency or unit at the end of his or her appointment period, he or she may not perform his or her duties and responsibilities and authority of the current management position. The implementation of responsibilities, duties, and authority of that management position is considered and decided by the agency or unit with appointing authority.

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Thus, when a management public employee expires according to regulations in Vietnam, the agency or unit with appointment authority must conduct a process to consider re-appointment or extend the period of holding the position.

You are the principal of a public secondary school, your current title is a management public employee. When your term of office expires, you will be considered for reappointment or extension of your position in Vietnam.

When term of office expires, do management public employees have to be considered for reappointment in Vietnam? (Image from the Internet)

What are criteria and conditions for management public employees to be reappointed in Vietnam?

According to Article 50 of Decree 115/2020/ND-CP stipulating standards and conditions for reappointment as follows:

1. Complete tasks within the term of holding the management position.

2. Meet management title standards according to regulations of competent agencies and units at the time of re-appointment.

3. The unit has a need for a management public employee position.

4. Healthy enough to complete assigned tasks and responsibilities.

5. Not in the cases prohibited from holding positions according to the provisions of law.

Above are the standards and conditions for reappointment of management public employees. If you want to be re-appointed to the position of principal, you need to ensure the standards and conditions prescribed by law in Vietnam.

Can management public employees who go on business trips abroad be reappointed in Vietnam? 

Pursuant to Clause 5, Article 49 of Decree 115/2020/ND-CP stipulating cases where the process of reappointment or extension of time holding a management position has not been implemented:

a) The management public employee is under disciplinary action, is being investigated, prosecuted, or tried;

b) Management public employees are being sent by competent agencies or units to study or work abroad for 3 months or more;

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

Therefore, if a management public employee is sent by an agency to work abroad for 3 months or more, the reappointment process will not be carried out in Vietnam.

Best regards!