Vietnam: Eligibility requirements for public employees to be converted to officials

Vietnam: Eligibility requirements for public employees to be converted to officials (Illustration)

According to Clause 4, Article 42 of Decree 29/2012/ND-CP by the Government of Vietnam, the eligibility requirements for public employees to be converted to officials without taking examinations are as follows:

+ They have worked at public service providers for at least 60 months (internship excluded)

+ Management and employment agencies have recruitment needs.

+ They are qualified, experienced and satisfactory to requirements of working positions

Note: Public employees upon being employed and assigned to positions deemed as officials by the law in agencies and organizations of the Communist Party of Vietnam, the Government, socio-economic organizations shall follow procedures in order to be converted to officials without taking examinations according to regulations and law on officials; decisions on assignment shall be decisions on employment.

Additionally, a public employee assigned to hold managerial positions of public service providers which is prescribed as officials by regulations and law shall fulfill quotas of the assigned positions upon assignment; retain assigned title, benefit from salaries and other policies similar to a public employee in a public service provider.

Furthermore, Clause 4, Article 42 of Decree 29/2012/ND-CP stipulates as follows:

4. Officials mobilized to work as public employees in public service providers if they satisfy standards and requirements according to regulations and law on public employees.

Thus, officials can also be converted to public employees if they must meet the following conditions:

Firstly, there must be a transfer decision.

Under Clause 10, Article 7 of Law on Officials, transfer means the decision by a competent authority to transfer officials from one agency, organization, or unit to another.

Moreover, under Article 50 of Law on Officials, and Article 35 of Decree 24/2010/ND-CP, the transfer of officials is carried out in the following cases:

- According to specific task requirements;

- Changing job positions as prescribed by law;

- According to the planning and plan of employing officials in agencies, organizations, units, and between agencies, organizations, and units as decided by the competent authority.

Secondly, The standards and conditions prescribed by law regarding public employees must be met.

Note: Under Clause 2, Article 25 of The Law on Public Employees amended and supplemented by Law on Amendments to Law on Officials andLaw on Public Employees 2019, officials converted to public employees in this case will sign an indefinite-term working contract.

Vietnamese officials and public employees are two different job positions within the system of state agencies, organizations, and public service providers. However, when meeting the conditions, an official can be completely converted to a public employee and vice versa under the law.

Le Vy

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