06 Important decrees in 2020 that officials and public employees in Vietnam need to know

06 Important decrees in 2020 that officials and public employees in Vietnam need to know (Illustration)

06 important decrees issued in 2020 directly affecting officials and public employees in Vietnam include:

1. Decree 62/2020/ND-CP on job positions and organization of officials in Vietnam

Decree 62/2020/ND-CP was issued on June 1, 2020, and took effect from July 20, 2020, replacing the Decrees: Decree 36/2013/ND-CP; Decree 21/2010/ND-CP and Decree 110/2015/ND-CP amending and supplementing several articles of Decree 21/2010/ND-CP.

In which, the bases for determining job positions, staffing of officials, and structure of official grades have changed compared to the old regulations as follows:

Bases for determining job positions

- Functions, tasks, powers, structure of the organization;

- The complexity, nature, characteristics, and scale of activities; the scope, objects of service; professional, operational management procedures according to sector-specific legal provisions.

Bases for determining the staffing of officials

- Job positions and the workload of each job position;

- The degree of modernization of equipment, working facilities, and information technology applications

;- The actual use of assigned official staff;

- For local agencies and organizations, besides the bases specified at points a, b, c of clause 2 of this article, it is also necessary to base on population size, natural area, the number of district-level and commune-level administrative units, and political security, social order, and safety characteristics.

Bases for determining the structure of official grades

- Job positions

;- The complexity of the work for each job position;

- Standards of the official grade corresponding to the job position.

2. Decree 90/2020/ND-CP on evaluation, classification of officials and public employees in Vietnam

Decree 90/2020/ND-CP was issued on August 13, 2020, replacing Decree 56/2015/ND-CP and Decree 88/2017/ND-CP, taking effect officially from August 20, 2020.

Here, the Decree has changed several regulations on evaluating and classifying the quality of Vietnamese officials and public employees compared to the old regulations, such as:

- Vietnamese officials and public employees who have worked for less than 06 months will not undergo evaluation and classification;

- No requirement for initiatives or experiences to evaluate and classify Vietnamese officials and public employees;

- Changing the time of evaluating and classifying the quality of Vietnamese officials and public employees;

- Female officials on maternity leave will have specific classification provisions;

- Issuing new criteria for evaluating Vietnamese officials and public employees;

- The result of evaluating and classifying the quality of Vietnamese officials and public employees will be used as a basis for synchronization in evaluating and classifying the quality of party members;

- ...

3. Decree 106/2020/ND-CP on job positions and number of employees in public service providers in Vietnam

Decree 106/2020/ND-CP was issued by the Government of Vietnam on September 10, 2020, however, it did not take effect until November 15, 2020. Decree 106 replaced Decree 41/2012/ND-CP and annulled the provisions on personnel autonomy stipulated in Decree 16/2015/ND-CP.

Notable new points in the Decree include:

- Adding criteria for classifying job positions of public employees;

- Changing the bases for determining job positions of public employees;

- Changing the bases for determining the structure of public employees by professional titles;

- Extending the appraisal period for the Scheme of public employee job positions;

- The head of the public service provider approves the job positions of public employees;

- Changes in adjusting job positions of public employees;

- ...

4. Decree 112/2020/ND-CP on disciplining officials and public employees in Vietnam

Decree 112/2020/ND-CP has been in effect since September 20, 2020, replacing Decree 34/2011/ND-CP, the provisions on disciplining public employees contained in Decree 27/2012/ND-CP, Chapter 6 of Decree 112/2011/ND-CP and the provisions on disciplining officials stipulated in Decree 35/2005/ND-CP.

Notable new points in the Decree include:

- Adding several new principles for disciplining;

- Adding 02 situations where discipline is not considered and several cases exempt from disciplinary responsibility;

- Changing the statute of limitations and handling time for disciplinary actions against officials;

- Public employees can reapply for recruitment after 01 year of being dismissed for discipline;

- ...

5. Decree 115/2020/ND-CP on regulations governing the recruitment, use, and management of public employees in Vietnam

Decree 115/2020/ND-CP was issued and took effect from September 29, 2020. This Decree replaced Decree 29/2012/ND-CP and annulled Article 2 of Decree 161/2018/ND-CP.

Notable new points in the Decree include:

- Adding a new professional title category for public employees, category V;

- Adding new subjects for consideration for recruitment into public employees;

- Tightening regulations on terminating employment contracts for probationary public employees;

- Shortening the time to resolve resignation policies for public employees;

- Adding a written test format in public employee recruitment examinations;

- Adding new subjects eligible for priority points in public employee recruitment examinations;- ...

6. Decree 130/2020/ND-CP on controlling assets and income of individuals with positions or authority in agencies, organizations, and units in Vietnam

Decree 130/2020/ND-CP was issued by the Government of Vietnam on October 30, 2020, and will take effect from December 20, 2020, replacing Decree 78/2013/ND-CP.

The most notable new point in this Decree is the subjects required to declare assets and income annually, including:

- The following official grades and titles: Executing officer; Investigator; Accountant; Forest ranger; Prosecutor; Banking supervisor; Market controller; Auditor; Party inspector; Customs inspector; Tax inspector; Inspector;

- Individuals holding leadership and management positions from Deputy Head of Department and equivalent upwards in various fields as determined on the list in Appendix III issued with this Decree;

- Representatives of state capital at enterprises;- ...

Le Hai

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