Cases eligible to assign and second civil servants in Vietnam

Cases in which civil servants are assigned in Vietnam

Pursuant to the provisions of Article 26 of Decree 138/2020/ND-CP, the mobilization of civil servants shall be carried out in the following cases:

- According to specific task requirements;

- According to plans on the employment of civil servants within agencies and organizations and between agencies and organizations under the decisions of competent agencies;

- Changing the working position according to the Party's regulations and the law.

Authority to mobilize civil servants: Heads of agencies or organizations assigned or decentralized to manage civil servants shall decide on the mobilization of civil servants under their management or submit them to competent authorities for decision in accordance with law.

Order and procedures for dispatching civil servants:

- Based on the planning, work needs, capacity, and forte of civil servants, heads of agencies or organizations assigned or decentralized to manage civil servants shall develop plans and measures to mobilize civil servants under their management, and report them to competent authorities for consideration and decision on implementation;

- Making a list of civil servants to be dispatched;

- Specific implementation measures for each case;

- For civil servants holding leadership and management positions, the order and procedures for mobilization shall be carried out as in the case of the appointment of leading and managerial civil servants from other human resources as prescribed in Clause 3, Article 46 of Decree 138/2020/ND-CP.

Before deciding to mobilize civil servants, the head of the agency assigned or decentralized to manage civil servants should meet with the civil servant to clarify the purpose and necessity of the mobilization and listen to the civil servant's suggestions before making decisions according to their competence or reporting to competent authorities for consideration and decision.

Cases eligible to assign and second civil servants in Vietnam (Internet image)

Cases of secondment of civil servants in Vietnam

Pursuant to the provisions of Article 27 of Decree 138/2020/ND-CP, the secondment of civil servants may be carried out in the following cases:

- According to unexpected and urgent tasks;

- Performing the work to be solved in a certain time.

The time limit for seconding public employees shall not exceed 03 years, except in cases in accordance with specialized laws.

The seconded civil servants shall be assigned, evaluated,  and examined for the performance of tasks by the agencies or organizations where they are dispatched but still on the payroll of the agency or organization that sends them, even if a public servant holding a leadership or managerial position is seconded to hold a leadership or managerial position equivalent to the one he currently holds.

Authority to secondize civil servants: Heads of agencies or organizations assigned or decentralized to manage public employees shall decide on the secondment of civil servants under their management or submit them to competent authorities for decision in accordance with law.

Order and procedures for seconding civil servants:

- The head of the agency or organization assigned or decentralized to manage civil servants where the public employee works and where he or she is sent to second has a written exchange and agreement on opinions;

- The head of the agency or organization where the civil servant is working shall decide according to his/her competence or submit the decision to the competent authority for decision according to management decentralization.

Before deciding to second public servants, heads of agencies and organizations assigned or decentralized to manage civil servants need to meet with civil servants to clearly state the purpose and necessity of the secondment and listen to civil servants' suggestions before making decisions according to their competence or reporting to competent authorities for consideration and decision.

Regimes and policies for dispatched and seconded civil servants

The regimes and policies for dispatched and seconded civil servants are specified in Article 28 of Decree 138/2020/ND-CP as follows:

- Civil servants holding leadership and management positions who are transferred or seconded to another working position but whose new position allowance is lower than the current position allowance shall be entitled to reserve the position allowance for a period of 6 months.

- The agency or organization that appoints the seconded civil servant shall pay salaries and ensure other benefits for the public employee during the seconded period, and arrange suitable jobs for the public employee upon the expiration of the seconded term.

- In cases where civil servants are seconded to work in mountainous areas, border areas, islands, deep-lying areas, remote areas, ethnic minority areas, or areas with extremely difficult socio-economic conditions, they shall enjoy preferential regimes and policies as prescribed by law.

Mai Thanh Loi

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