Decree No. 106/2020/NĐ-CP of Vietnam: Job positions of public employees are classified according to 02 criteria

The Decree No. 106/2020/NĐ-CP of the Government of Vietnam has specified many new points on public employee positions compared to previous regulations. In which, it is notable that the positions of public employees are classified according to 02 criteria.

Vị trí việc làm viên chức, Nghị định 106/2020/NĐ-CP

According to Article 5 of the Decree No. 106/2020/NĐ-CP of Vietnam’s Government, public employee positions in public non-business units are classified according to the following 02 criteria:

First: Classifying according to workload:

- Job position held by one person;

- Job positions taken by many people;

- Part-time job position.

Second: Classifying according to nature and content of work:

- Leadership and management positions;

- Professional job position, professional title;

- Shared job positions, professional titles (administrative, general, office administration, personnel organization, financial planning and job positions that do not hold specialized professional titles of public non-business units);

- Support and service positions.

Previously, according to Article 2 of the Decree No. 41/2012/NĐ-CP of Vietnam’s Government (expired on November 15, 2020), public employee positions in public non-business units are only classified according to workload, specifically: job positions held by one person; job positions held by many people; part-time job position.

Thus, according to the above regulations, it can be seen that the public employee job position in the public non-business unit has added classification criteria according to the nature and content of the job in addition to the criteria of workload compared to previous regulation. Therefore, from now on, public employee positions in public non-business units are classified according to 02 criteria, including 07 public employee positions.

Concurrently, according to Article 4 of the Decree No. 106/2020/NĐ-CP of Vietnam’s Government, the determination of positions of public employees will no longer depend on the level of modernization, equipment and application of information technology; nature, characteristics and work demands of public non-business units; the actual situation of arranging and using public employees in public non-business units, but instead, there are only 02 bases for determining the position of public employees, including:

- Functions, tasks, powers and organizational structure of public non-business units.

- Complexity, nature, characteristics and scale of operations; scope and object of service; professional management processes in accordance with specialized laws.

In addition, it should be noted that, before July 01, 2021, the minister in charge of industry and field management must issue a document guiding the positions of leadership and management and specialized professional titles, structural professional titles of public employees, norms on the number of people working for public non-business units in the sectors or domains assigned for management; the Minister of Home Affairs of Vietnam shall promulgate guiding documents on employment positions, professional titles, shared and supported by public non-business units.

No later than 03 months from the date the minister of industry and field management and the Minister of Home Affairs of Vietnam promulgate documents guiding the positions of public employees and the norm of number of people working for non-business units, ministries, branches and localities must approve employment positions and structural professional titles of public employees of public non-business units under their management.

Ty Na

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