Who can be accepted as commune-level officials from August 1, 2023 in Vietnam?

Who can be accepted as commune-level officials from August 1, 2023 in Vietnam?

Article 14 of Decree 33/2023/ND-CP (effective from August 1, 2023) stipulates receipt of commune-level officials as follows:

1. Eligible entities:

a) Public employees working in public service providers;

b) Persons getting paid in the People's Armed Forces, persons working in cipher organizations as non-officials;

c) Persons who resign as commune-level officials (except for officials who are dismissed);

d) Persons who used to work as officials (including commune-level officials) then have been sent or rotated to hold other non-official positions at other agencies or organizations.

2. Standards and requirements for receipt; dossiers of persons who are requested to be received and inspection council upon receipt of recruited commune-level officials shall comply with regulations of the Government on recruitment, use and management of officials.

Thus, the subjects who are accepted as commune-level civil servants in Vietnam include:

- Public employees working in public service providers;

- Persons getting paid in the People's Armed Forces, persons working in cipher organizations as non-officials;

- Persons who resign as commune-level officials (except for officials who are dismissed);

- Persons who used to work as officials (including commune-level officials) then have been sent or rotated to hold other non-official positions at other agencies or organizations.

From August 1, 2023, who has authority to recruit commune-level officials in Vietnam?

In Article 15 of Decree 33/2023/ND-CP (effective from August 1, 2023), authority to recruit commune-level officials and receive the recruited persons is as follows:

The Chairpersons of the district-level People’s Committees have the authority to recruit commune-level officials and receive the recruited persons.

Thus, district-level People's Committee Chairpersons have authority to recruit commune-level officials and accept them as commune-level officials in Vietnam.

What is apprenticeship period for commune-level officials in Vietnam from August 1, 2023?

In Clause 15, Article 13 of Decree 33/2023/ND-CP (effective from August 1, 2023) stipulates on recruitment of commune-level officials as follows:

15. Apprenticeship as commune-level officials.

a) Apprenticeship as commune-level officials: 12 months for recruited officials who have tertiary education degrees; 06 months for recruited officials who have lower degrees. The apprenticeship is not required for Commanding Officers of Communal Military Commands.

b) If recruited commune-level officials complete their apprenticeship according to the regulations of this Clause, the Chairpersons of the communal People’s Committees shall request the Chairpersons of the district-level People’s Committees to decide certification of completion of apprenticeship and pay step rearrangement of the recruited commune-level officials.

Thus, the apprenticeship period of commune-level officials from August 1, 2023 in Vietnam is implemented as follows:

- 12 months for recruited officials who have tertiary education degrees.

- 06 months for recruited officials who have lower degrees.

Note: The apprenticeship is not required for Commanding Officers of Communal Military Commands.

What are obligations of cadres and civil servants in performing public duties in Vietnam?

In Article 9 of the Law on Cadres and Civil servants 2008, obligations of cadres and civil servants in performing public duties are as follows:

1. To duly and fully perform tasks and exercise powers as assigned and take responsibility for their performance.

2.To have a sense of organizational discipline; to strictly abide by internal rules and regulations of agencies, organizations or units; to report to competent persons when detecting illegal acts in agencies, organizations and units; to protect state secrets.

3. To proactively and closely collaborate with one another in performing public duties; to preserve unity in agencies, organizations and units.

4. To efficiently and economically protect, manage and use slate assets assigned to them.

5. To implement decisions of their superiors, When having grounds to believe that such decision is illegal, to immediately report in writing to its issuer; the issuer who upholds his/her decision shall issue a document to this effect while the implementer shall implement the decision but is not held responsible for implementation consequences, and shall report to the immediately higher authority of the decision issuer. The person who issues a decision shall take responsibility before law for his/her decision.

6. To have other obligations as prescribed by law.

Thus, commune-level cadres and civil servants have the following obligations in performing public duties in Vietnam:

- To duly and fully perform tasks and exercise powers as assigned and take responsibility for their performance.

- To have a sense of organizational discipline; to strictly abide by internal rules and regulations of agencies, organizations or units; to report to competent persons when detecting illegal acts in agencies, organizations and units; to protect state secrets.

- To proactively and closely collaborate with one another in performing public duties; to preserve unity in agencies, organizations and units.

- To efficiently and economically protect, manage and use slate assets assigned to them.

- To implement decisions of their superiors, When having grounds to believe that such decision is illegal, to immediately report in writing to its issuer; the issuer who upholds his/her decision shall issue a document to this effect while the implementer shall implement the decision but is not held responsible for implementation consequences, and shall report to the immediately higher authority of the decision issuer. The person who issues a decision shall take responsibility before law for his/her decision.

- To have other obligations as prescribed by law.

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