From September 29, what are standards and conditions for appointing public employees in Vietnam?

From September 29, what are standards and conditions for appointing public employees in Vietnam? (Illustrative image)

Based on the regulations in Article 44 of Decree 115/2020/ND-CP (effective from September 29, 2020), to be appointed to a managerial position, a public employee in Vietnam must meet the following standards and conditions:

Firstly: Ensure the general standards stipulated by the Communist Party, the State, and the specific standards of the appointed position as prescribed by the competent authority.

Secondly: Must be positioned according to the planned appointment if coming from local human resources or according to an equivalent position if from other sources. For newly established units that have not implemented planning approval, the competent authority shall consider and decide.

Thirdly: Have personal files, and verified resumes, and asset and income declarations as stipulated.

Fourthly: Conditions regarding the age of appointment for public employees:

- A public employee proposed for the first time to a managerial position, or proposed for a higher managerial position, must have at least 5 years of service from the time of the appointment process; special cases must be reported to the competent authority for consideration and decision;

- A public employee proposed for a managerial position with a term of less than 5 years as stipulated by specialized law must serve for a full term;

- A public employee appointed to an equivalent or lower new position does not require age restrictions according to the above regulations.

Fifthly: Must be in good health to fulfill the assigned tasks and responsibilities.

Sixthly: Must not fall under the cases prohibited from holding the position as required by the Communist Party and the law; or must not be under disciplinary action, nor in the implementation period of regulations related to disciplining public employees.

Thus, from September 29, 2020 (the effective date of Decree 115/2020/ND-CP), a public employee who meets the 6 appointment standards and conditions above will be appointed to a managerial public employee position. The term of holding management positions for each appointment is 5 years, counting from the effective date of the appointment decision, except for cases where the term is less than 5 years as per specialized laws.

Comparison with previous regulations

Previously, according to the regulations in Article 27 of Decree 29/2012/ND-CP, the appointment of managerial public employees was based on the needs of the public service provider and the following standards and conditions:

- Meet the standards of the managerial position as stipulated by the competent authority;

- Have clear, verified personal files by the competent authority; have asset declarations as stipulated;

- Be within the appointment age as regulated;

- Be in good health to fulfill the assigned tasks and responsibilities;

- Must not fall under the cases prohibited by law from holding the position.

It is evident that Decree 115/2020/ND-CP will replace Decree 29/2012/ND-CP (which expires on September 29, 2020). Compared to the past, the standards and conditions for appointing public employees have changed; notably, the appointment of managerial public employees is no longer based on the needs of the public service provider but must be planned for the appointed position if coming from local human resources or equivalent positions if coming from other sources. Additionally, Decree 115/2020/ND-CP also provides more detailed regulations about the age of appointment for public employees compared to earlier regulations in Vietnam:

- The appointment age must include at least 5 years of service for public employees appointed for the first time or to higher managerial positions;

- The term of service must cover a full term for public employees appointed to managerial positions with terms of less than 5 years;

- Appointment age is not considered for public employees appointed to equivalent or lower new positions.

The above is the complete advice of the Lawnet on the standards and conditions for appointing managerial public employees in Vietnam, which will come into effect on September 29, 2020. We hope this information helps our clients and members, especially public employees, understand the new policies of the law regarding public employee appointments compared to the past.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE