Decree No. 106/2020/NĐ-CP: When to adjust the position of public employees in Vietnam?

Specifically, according to Article 8 of the Decree No. 106/2020/NĐ-CP of Vietnam’s Government, the adjustment of employment positions and structure of public employees according to professional titles in public non-business units shall be carried out in the following cases:

- The public non-business unit has a change in one of the basis for determining the employment position, specifically:

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

+ The level of complexity, nature, characteristics and scale of operations; scope and object of service; professional management processes in accordance with specialized laws.

- Public non-business units are reorganized under decisions of competent agencies.

Meanwhile, according to Article 11 of Decree No. 41/2012/NĐ-CP of Vietnam’s Government on job positions in public non-business units (expires from November 15, 2020), the adjustment of employment positions in public non-business agencies, organizations and units shall be carried out in the following cases: 

- Public non-business units have functions, tasks, powers and organizational structure supplemented and adjusted according to decisions of competent agencies;

- Public non-business units are reorganized or dissolved.

Thus, the new regulations have removed the case of adjustment of employment positions for dissolved public non-business units.In addition, this Article also completely abolishes the stipulation that a new public non-business unit is established under a decision of a competent authority, the list of job positions, number of employees and structure of public employees shall be according to professional title must be determined right from the time of formulation of the establishment project and approved by the competent authority in the establishment decision.

Therefore, only when falling into one of the above cases, the public non-business unit will adjust the position of public employees.

It can be seen that this change comes from the change in the basis for determining the position of public employees in Article 4 of Decree No. 106/2020/NĐ-CP of Vietnam’s Government. Accordingly, the basis for determining the job position includes:

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

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

In comparison with provisions of Article 4 of Decree No. 41/2012/NĐ-CP (expires from November 15, 2020), bases for determining job positions have completely abolished bases on the nature, characteristics and work demands of public non-business units; level of modernization of the office, equipment, working facilities and application of information technology; status of arrangement and use of public employees in public non-business units. This change is consistent with the current situation when most units have applied modern equipment into operation. The removal of these bases also shows a simplification in terms of methods as well as the way to conduct job placement for public employees at each public non-business unit.

Accordingly, the change in the basis for determining employment positions in Decree No. 106/2020/NĐ-CP is the basis for the change in the adjustment of employment positions for public employees from November 15, 2020.

Le Vy

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