Positions subject to periodical reassignment and reassignment periods in Vietnam

Positions subject to periodical reassignment and reassignment periods in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Reassignment rules in Vietnam

The reassignment rules under Article 24 of the Anti-corruption Law 2018 are as follows:

- State organizations shall periodically reassign their non-managerial officials and public employees in their organizations in order to prevent corruption.

Reassignment of managerial officials shall comply with regulations on official reassignment.

- The reassignment shall be objective, reasonable and suitable for the reassigned persons’ capacity without affecting normal operation of the organizations.

- Reassignment shall be carried out under plans and disclosed within the organizations.

- It is prohibited to abuse reassignment for personal gain or for the purpose of victimizing officials and public employees.

- Regulations of Clauses 1 through 4 of Article 24 of the Anti-corruption Law 2018 may also be applied to the following non-managerial persons:

= Commissioned officers, career military personnel, national defense workers and public employees of units of the People’s Army;

= Commissioned officers, non-commissioned officers and workers of units of the People’s Police.

2. Positions subject to periodical reassignment and reassignment periods in Vietnam

The positions subject to periodical reassignment and reassignment periods according to Article 25 of the Anti-corruption Law 2018 are as follows:

- Office holders whose positions are relevant to personnel management, management of public funds, public assets, public investment; office holders who are directly involved and have influence over the operation of the organization shall be periodically reassigned.

- The aforementioned office holders shall be reassigned every 2 – 5 years depending on their fields.

- In the cases where the only position subject to periodical reassignment requires special professional skills or knowledge, the reassignment shall be decided by the head of the organization.

- The Government shall specify the positions subject to periodical reassignment and reassignment periods in Ministries, ministerial agencies, Governmental agencies and local governments.

Executive judge of the People’s Supreme Court, director of the Supreme People’s Procuracy, State Auditor General, the chairperson of Office of the President, the chairperson of Office of the National Assembly, central authorities of political organizations and socio-political organizations shall specify the positions subject to periodical reassignment and reassignment periods in their organizations.

3. Reassignment plan in Vietnam

According to Article 26 of the Anti-corruption Law 2018, the reassignment plan is as follows:

- The head of a state organization shall issue and publish annual reassignment plans.

- The reassignment plan shall specify the purposes, requirements and the positions subject to reassignment, time of reassignment, rights and obligations of reassigned personnel and implementation methods.

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