Regulations on appointment of civil servant holding a leading post in Vietnam 2023

Regulations on appointment of civil servant holding a leading post in Vietnam 2023 (Internet image)

1. Term of civil servant holding a leading post in Vietnam

In Article 41 of Decree 138/2020/ND-CP, the term of civil servant holding a leading post is as follows:

- The term of leadership and management positions for each appointment is 5 years, counting from the effective date of the appointment decision, unless the term is less than 5 years as prescribed by specialized laws.

- The term of holding a leadership or management position must not exceed two consecutive terms and must comply with the Party's regulations and specialized laws.

2. Criteria for the appointment of civil servant holding a leading post in Vietnam

Pursuant to Clauses 1, 2 and 3, Article 42 of Decree 138/2020/ND-CP, the criteria and conditions for appointment are as follows:

- Ensuring general standards, title standards as prescribed by the Party and State and specific standards for appointed positions according to regulations of competent agencies.

- Must be assigned a position if it is a local source of human resources or an equivalent position if it is a source of human resources from another place. In the event that a newly established agency or organization has not yet approved the planning, it shall be considered and decided by a competent authority.

- Having a verified personal profile and a declaration of assets and income as prescribed.

- Having enough health to complete assigned tasks and responsibilities.

- Not falling into the cases of being banned from holding certain positions according to the Party's regulations and laws; is not within the time limit for disciplinary action, not within the period of implementing regulations related to discipline specified in Article 82 of the Law on Cadres and Public Officials 2008 as amended by 2019.

3. Conditions on appointment age in Vietnam

Clause 4, Article 42 of Decree 138/2020/ND-CP stipulates the age requirements for appointment as follows:

- For vivil servants who are proposed to be appointed for the first time to hold a leadership or management position or are proposed for appointment to a higher leadership or management position, the appointment age must be full 05 years of working from the date of implementation of the appointment process; in special cases, report to competent authorities for consideration and decision;

- Civil servants who are proposed to be appointed to a leadership or management position for which the term of each appointment is less than 5 years as prescribed by specialized laws and competent agencies, the appointment age must be full one term;

- Civil servants who are transferred or appointed to hold a new position equivalent to or lower than the current one, the age of appointment shall not be counted as prescribed at Point a of this Clause.

4. Responsibilities in appointing civil servant holding a leading or managerial post in Vietnam

Pursuant to Article 43 of Decree 138/2020/ND-CP, the responsibilities of appointing civil servant holding a leading or managerial post are as follows:

- The head, members of the committee, and leaders of agencies and organizations are responsible for proposing personnel and commenting on and evaluating the proposed personnel.

- Collectively at all levels of party committees and leaders of agencies or organizations, discuss, comment, evaluate, decide, or request competent authorities to consider and decide.

- Individuals and collectives who propose to appoint must be responsible before competent authorities for their suggestions, comments, evaluations, and conclusions on political standards, moral qualities, lifestyles; working capacity, advantages, and disadvantages of the personnel proposed to be appointed.

- The agency advising on personnel organization and relevant agencies shall be responsible for the results of the appraisal and recommendation of personnel according to their functions, tasks, and powers.

- The leadership collective, the head of the appointment decision, is responsible for his/her decision; leading and directing the inspection, supervision, and handling of violations in personnel work.

- Civil servants proposed or considered for appointment must be responsible for declaring their background, personal files, assets, and income, and explaining relevant contents.

5. Authority to appoint civil servant holding a leading post in Vietnam

Article 44 of Decree 138/2020/ND-CP stipulates the appointment competence as follows:

- For positions under the Politburo, the Secretariat manages and appoints authority according to the Politburo's regulations on decentralization of cadre management.

- For other leadership and management positions, the appointing authority shall comply with regulations on decentralization of cadre management of Party committees at all levels.

Ngoc Nhi

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