Order and procedures for appointing civil servants to hold leadership and management positions in Vietnam

Order and procedures for appointing civil servants to hold leadership and management positions in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Order and procedures for appointing civil servants to hold leadership and management positions under the management of the Politburo and the Secretariat in Vietnam

According to Clause 1, Article 45 of  Decree 138/2020/ND-CP, the order and procedures for appointing civil servants to hold leadership and management positions under the Politburo and the Secretariat in Vietnam are as follows:

- The order and procedures for appointing civil servants to hold leadership and management positions under the management of the Politburo and the Secretariat shall comply with the Politburo's regulations on cadre appointment.

- For Politburo positions, the Secretariat authorizes the Government Party Personnel Committee to decide that, in addition to implementing the order and procedures for appointment according to the Politburo's regulations, it must also perform the following tasks:

+ Agencies and organizations wishing to appoint shall submit the names to the Government Party Personnel Committee and the Prime Minister for unanimity opinions on the appointment policy before submitting them to the Secretariat for consideration and decision;

+ Agencies and organizations that wish to appoint and submit to the Personnel Committee of the Government Party or the Prime Minister for consideration and decision on the appointment of specific personnel shall concurrently send the dossier of request for appointment to the Ministry of Home Affairs for appraisal.

- For positions that require personnel appraisal by the Committees of the Party Central Committee before the decision of the Government Party Personnel Committee or the Prime Minister, in addition to implementing the order and procedures for appointment
According to the Politburo's regulations, the following tasks must also be performed:

+ Agencies and organizations wishing to appoint shall submit the names to the Government Party Personnel Committee and the Prime Minister for unanimity opinions on the appointment policy, and at the same time send them to the Ministry of Home Affairs for appraisal and the Central Organizing Committee for monitoring;

+ Agencies and organizations wishing to appoint shall submit their applications to the Government Party Personnel Committee or the Prime Minister for consideration and a decision on the appointment of specific personnel; at the same time, send the application file for appointment to the Ministry of Home Affairs for appraisal;

+ The Ministry of Home Affairs shall send a document to the Central Organization Committee for appraisal opinions of the Party Central Committee's committees, then submit it to the Government Party Personnel Committee and the Prime Minister for consideration and decision.

2. Order and procedures for appointing civil servants to hold leadership and management positions under the management competence of ministries, branches, and localities in Vietnam

The appointment of civil servants holding leadership and management positions under the management competence of ministries, branches, and localities shall follow the order and procedures as follows:

(1) Apply for appointment policy

- Agencies or organizations that wish to appoint leading and managerial civil servants must submit to the appointing authority in writing the policy, number, human resources, and expected work assignment for the personnel to be appointed;

- The competent authority considers and decides on the policy of appointment no later than 10 days after receiving the request of the agency or organization;

- No later than 15 days after receiving a written agreement on the appointment policy of the competent authority, the head of the agency or organization must carry out the process of selecting personnel according to regulations.

(2) Implement the appointment process for on-site human resources:

- Step 1: Based on the guidelines, requirements, and tasks of agencies, organizations, and human resources in the planning, the leadership team discussed and proposed the structure, standards, conditions, and personnel introduction process.

Composition: The head, the deputy of the head of the agency or organization, and the head of the agency advising on the organization and personnel.

The results of discussions and proposals are recorded in minutes.

- Step 2: The leadership collective discussed and agreed on the structure, standards, conditions, process of introducing personnel, and introduced personnel by secret ballot.

+ Composition: The head and deputy head of the agency or organization; a standing committee of the same level; the heads of agencies and organizations; and subordinate units. The meeting must be attended by at least 2/3 of the people convened.

- Principles of introduction and selection:

Each member recommends 01 person for a position; the person with the highest number of votes, reaching the ratio of more than 50% of the total number of people summoned to introduce, shall be selected.

In case no one reaches more than 50%, then choose 02 people with the highest number of referral votes from the top to introduce in the next steps.

The nomination form for the appointed personnel shall be issued by the Organizing Committee of the conference, bearing the hanging seal of the agency or organization.

The vote counting results are recorded in the minutes and not announced at this meeting.

- Step 3: Collective leadership, based on the structure, standards, conditions, requirements, duties and responsiveness of civil servants; Based on the results of introducing personnel in step 2, discuss and introduce personnel by secret ballot.

+ Ingredients: Perform as specified in step 1.

+ Principles of introduction and selection:

Each leading member introduces 01 person for a position among the personnel introduced in step 2 or introduces another person who meets the prescribed criteria and conditions; the person who gets the highest number of votes, or more than 50% of the total number of recommended leadership collective members, will be selected.

In case no one achieves more than 50%, select the 02 people with the highest number of recommendation votes from the top down to get a vote of confidence at the key staff meeting.

The nomination form for the appointed personnel shall be issued by the Organizing Committee of the conference, bearing the hanging seal of the agency or organization. The vote counting results are recorded in minutes and announced at this meeting.

In case if the results of the introduction of the leadership team are different from the results of the detection and introduction of personnel in step 2: report and explain clearly to the competent authority for consideration and direction before taking the next steps.

- Step 4: Collecting the opinions of key personnel on personnel introduced by the leadership team in step 3 by secret ballot.

+ Composition: the head, deputy head of the agency or organization; a standing committee of the same level; heads of socio-political organizations of agencies and organizations; and heads, deputy heads of agencies and organizations under and under them.

For agencies and organizations with fewer than 30 people or without a constituent organization, the participants include all civil servants of the agency or organization. The meeting must be attended by at least 2/3 of the people convened.

Order of comments:

++ Exchange and discuss the structure, standards, conditions, requirements, and ability to meet the requirements and tasks of personnel.

++ Announce the list of personnel introduced by the leadership team (in step 3); summary of their curriculum vitae, study, and work histories; comment and evaluate advantages, disadvantages, strengths, weaknesses, and development prospects; and announce their expected work assignment.

++ Write a vote of confidence (can be signed or not signed). The opinion form is issued by the Organizing Committee of the conference, bearing the seal of the agency or organization.

++ The vote counting results are recorded in minutes, not announced at this conference.

- Step 5: The leadership team discusses and votes on personnel.

+ Ingredients: Perform as specified in step 1.

+ Order of implementation: analyze the results of taking votes at conferences; verify and conclude new problems (if any); collect opinions in writing from the standing committee of the party committee or the party committee of the agency (where there is no standing committee) on the personnel proposed for appointment; the leadership team discusses, comments on, evaluates, and votes on personnel (by secret ballot).

+ Selection principle: The person who gets the highest number of votes, or more than 50% of the total number of recommended collective leadership members, is selected to propose an appointment.

In case there are 2 people with the same number of votes (reaching 50%), select the personnel recommended by the head to propose an appointment; at the same time, fully report different opinions for competent authorities to consider and decide.

Voting is for appointed personnel issued by the Conference Organizing Committee, bearing the hanging seal of the agency or organization. The vote counting results are recorded in minutes.

Issuing appointment decisions according to their competence or submit them to competent agencies for consideration and decision.

(3) Implement the appointment process for human resources from other places:

- In case the personnel is proposed by the agency or organization, the collective leadership of the agency or organization shall discuss and agree on the policy and perform the following tasks:

+ Meet with the personnel proposed to be appointed to exchange ideas about the requirements of work tasks.

+ Exchange ideas with the leadership team and the committees of the agency or organization where the person proposed to be appointed is working on the mobilization policy; collect comments and assessments of the collective leadership and committees of agencies and organizations for personnel; conduct profile research; and verify background information.

+ Discuss, comment, evaluate, and vote on personnel by secret ballot. The personnel proposed for appointment must reach the agreement of more than 50% of the total number of members of the leadership collective;

In the case of personnel reaching 50%, it shall be decided by the head; at the same time, fully report different opinions for competent authorities to consider and decide.

+ Issue appointment decisions according to their competence or submit them to competent agencies for consideration and decision.

- In cases where the personnel expected to be transferred or appointed by the competent superior agency are from outside the agency or organization, the agency advising on the personnel organization of the competent superior agency that plans to mobilize or appoint shall carry out the following tasks:

+ Exchange ideas with the leadership team and the party committees of the receiving agency or organization on the proposed assignment and appointment.

+ Exchange ideas with leaders and committees of agencies and organizations where personnel are working on the policy of dispatching, appointing, and collecting comments and assessments from the leadership team and the agency's committees; profile research, background verification.

+ Meet with the personnel expected to be mobilized or appointed to exchange ideas about the requirements of work tasks.

+ Assume the prime responsibility for, and coordinate with relevant agencies in, the appraisal of human resources.

+ Issue appointment decisions according to their competence or submit them to competent agencies for consideration and decision.

(Clause 1, 2, 3, Article 46 of Decree 138/2020/ND-CP)

Tran Thanh Rin

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