06 New Regulations on Public Employee Positions Effective from November 15, 2020 in Vietnam

06 New Regulations on Public Employee Positions Effective from November 15, 2020 in Vietnam​ (Illustration)

1. Supplementing criteria for classifying job positions for public employees in Vietnam 

According to Article 5 of Decree 106/2020/ND-CP of the Government of Vietnam on job positions and the number of employees in public service providers, the classification of job positions is regulated as follows:

- Classified by workload:

• Job positions undertaken by one perso;
• Job positions undertaken by multiple people;
• Concurrent job positions.

- Classified by nature and content of work:

• Leadership and management job positions;
• Professional job titles in specialized fields;
• General professional job titles (administration, synthesis, office management, personnel organization, financial planning, and job positions without specialized professional titles in public service providers);
• Support and service positions.

Meanwhile, under Article 2 of Decree 41/2012/ND-CP, which is no longer in effect from November 15, 2020, job positions were only classified based on 3 criteria: job positions undertaken by one person; job positions undertaken by multiple people; concurrent job positions. The new decree has supplemented the classification criteria based on the nature and content of the work from November 15, 2020.

2. Completely changing the basis for determining job positions for public employees in Vietnam 

From November 15, 2020, the determination of job positions for public employees in Vietnam will no longer depend on the modernization level, equipment, IT applications, etc. This aligns with the current situation as most units have already adopted modern equipment in their operations. Eliminating these bases also shows a simplification of the method and procedure for determining job positions for public employees in each public service provider.

Moreover, Clause 2, Article 4 of Decree 106/2020/ND-CP also stipulates new bases for determining the number of employees, including:

• Job positions and the actual workload at each job position of the public service provider;
• Modernization level of office, equipment, working tools, and IT applications;
• Actual management and utilization of the allocated number of employees of the unit.

3. Circumstances for adjusting job positions for public employees in Vietnam 

It is evident that changes in the basis for determining job positions have led to changes in how job positions are adjusted. The new regulations also eliminate adjustments of job positions for dissolved public service providers. Additionally, this Article completely removes the provision that newly established public service providers, as decided by the competent authority, must have job positions, the number of employees, and the structure of public employees by professional title determined right from the proposal stage and approved in the establishment decision.

4. Renewing the basis for determining the structure of public employees by professional titles in Vietnam 

It is evident that this change is appropriate with the current reality. The specific and clear bases create favorable conditions for practical application and ease in the management of public employees by the higher authorities.

5. Extending the time limit for appraising schemes on job positions for public employees in Vietnam 

According to Article 7 of Decree 106/2020/ND-CP, within 40 days (for first-time appraisal dossier requests), or 25 days (for adjustment dossier requests) from the date of receiving sufficient dossiers, the agency or organization assigned the responsibility of appraising the job position scheme as stipulated in Clause 3, Article 6 of Decree 106/2020/ND-CP must complete the appraisal to submit to the competent authority for consideration and approval of job positions and the structure of public employees by professional titles of public service providers within their management scope. If the competent authority disapproves, they should notify the public service provider in writing and state the reasons clearly.

Meanwhile, Clause 4, Article 9 of Decree 41/2012/ND-CP stipulated only within 15 working days, the agency or organization assigned the responsibility for appraising the job position scheme must complete the appraisal to submit to the competent authority.

From November 15, 2020, the time limit for appraising job position schemes will be extended by 25 days compared to the current regulation.

6. Heads of public service providers are authorized to approve the job positions for public employees in Vietnam 

According to Clause 1, Article 6 of Decree 106/2020/ND-CP, the head of the public service provider shall decide to approve the job positions and the structure of public employees by professional titles of their respective unit after being approved by the Management Council. This is a completely new regulation compared to the previous regulations.

Additionally, Article 16 of Decree 106/2020/ND-CP also stipulates that the head of the public service provider self-financing recurrent and investment expenditures and public service providers self-financing recurrent expenditures have the authority to:

- Direct the formulation of job position schemes and plan the number of employees;

- Decide to approve the job positions and the structure of public employees by professional titles of the unit; decide on the number of employees of the unit, ensuring not less than the quota set for employees in public service providers by the sector-managing ministry; ensure stable employment and income for the number of employees of the unit, without increasing investment expenditures for public service providers self-financing recurrent expenditures;

- Report on job positions, the structure of public employees by professional titles, and the number of employees of the unit to the higher-level management agency.

Simultaneously, heads of public service providers partially covering their own recurrent expenditures and public service providers funded by the state budget for recurrent expenditures are authorized to:

- Direct the formulation of job position schemes; submit to the competent authority for approval of job positions and the structure of public employees by professional titles of the unit;

- Direct the planning of the number of employees, the annual adjustment plan of the unit as per this Decree, submit to the competent authority for approval;

- Report on job positions, the structure of public employees by professional titles, and the number of employees of the unit to the higher-level management agency.

Meanwhile, Article 17 of Decree 41/2012/ND-CP only stipulates general responsibilities of public service providers without specific regulations on the responsibilities and authority of the head of the public service provider. This is a completely new regulation noted in Decree 106/2020/ND-CP, effective from November 15, 2020.

Above are all 06 new regulations on job positions for public employees from November 15, 2020, that every public employee needs to know.

Le Vy

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