Appointment means that a cadre or civil servant are appointed as leader or manager, promoted to a rank as prescribed by law. So, what are the regulations on conditions and duration for civil servants to be appointed as leaders or managers in Vietnam?
Article table of contents
Conditions and duration for civil servants to be appointed as leaders or managers in Vietnam (Illustration)
According to the provisions of Decree 138/2020/ND-CP, the criteria and conditions for appointing civil servants to hold leadership and management positions are as follows:
(1) Ensure general and title standards in accordance with Party and State regulations, as well as specific standards of appointed positions in accordance with competent agency regulations.
(2) Must be assigned a position plan if it is a local source of personnel or an equivalent position plan if it is a human resource from another place. In the event that the newly established agency or organization has not yet approved the plan, it shall be considered and decided by a competent authority.
(3) Possess a verified personal profile and profile, as well as a declaration of assets and income as required.
(4) Age requirements for appointment:
- Civil servants are proposed to be appointed for the first time to hold a leadership or management position or are proposed for appointment to a higher leadership or management position.
- The appointment age must be a full 05 working years from the date the appointment process is implemented.Special cases are reported to competent authorities for review and decision.
- Civil servants who are proposed to be appointed to leadership or management positions for which the term of each appointment is less than 5 years as prescribed by specialized laws and competent agencies, the age for appointment must be full one term;
The appointment age of civil servants who are transferred or appointed to a new position equivalent to or lower than the current one shall not be counted as prescribed in Point a of this Clause.
(5) Be in good enough health to carry out assigned tasks and responsibilities.
(6) Not falling into the cases of being banned from holding certain positions in accordance with the Party's regulations and laws; not within the time limit for disciplinary action; not within the time limit for implementing the provisions related to discipline specified in Article 82 of Vietnam's Law on Cadres and Civil Servants as amended and supplemented in Clause 17, Article 1 of Vietnam's Law amending a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees.
It can be seen that, compared with the old regulations in Vietnam's Decree 24/2010/ND-CP, Decree 138/2020/ND-CP has added 01 more criteria and conditions for civil servants to be appointed to leader or manager, which: "Must be planned for the appointed position if it is a local human resource or an equivalent position if it is a human resource from another place. In case a newly established agency or organization has not yet approved the plan, it shall be considered and decided by a competent authority." At the same time, Vietnam's Decree 138/2020/ND-CP also stipulates more details for the remaining conditions that were previously specified.
Also, according to Decree 138/2020/ND-CP, the term of leadership and management positions for each appointment is 05 years, counting from the effective date of the appointment decision, except for cases of less than 05 years in accordance with specialized laws.
The term of holding a leadership or managerial position must not exceed two consecutive terms in accordance with the Party's regulations and specialized laws.
- Key word:
- Decree 138/2020/ND-CP in Vietnam
