Vietnam: Officials and public employees may not hold managerial positions for more than 2 consecutive terms

According to Article 41 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, the duration of the leadership and management positions of officials 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, except for the case of less than 5 years as prescribed by specialized laws;

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

Besides, according to Article 43 of the Decree No. 115/2020/NĐ-CP of Vietnam’s Government, the duration of the leadership and management positions of the managerial staff is as follows:

- The term of holding a managerial position for each appointment is 5 years, counting from the effective date of the appointment decision, except for the case of less than 5 years as prescribed by specialized laws.

- The term of a public employee holding a managerial position shall not exceed two consecutive terms in accordance with specialized laws.

Before, Decree No. 24/2010/NĐ-CP and Decree No. 29/2012/NĐ-CP of Vietnam’s Government only stipulate that the term of each appointment of officials and public employees is 5 years, except for the case of complying with the provisions of specialized laws and competent agencies, and there is no limit to the number of times officials and public employees hold leadership and management positions.

Thus, according to the above provisions, it can be seen that Decree No. 138/2020/NĐ-CP and Decree No. 115/2020/NĐ-CP of Vietnam’s Government has limited the number of times officials and public employees hold leadership and management positions to no more than 2 consecutive terms compared to the previous regulations. When the time of decision on appointment of officials and public employees takes effect, the time limit for each appointment is 05 years and the term of holding a leadership or managerial position must not exceed 2 consecutive terms.

However, in order to be appointed to a leadership or managerial position and hold a position for a period of 5 years, an official or public employee must satisfy the following criteria and conditions:

One is, to ensure general standards and title standards as prescribed by the Party and State and specific standards of appointed positions according to regulations of competent agencies.

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

Three is, have a verified personal profile, and a declaration of assets and income as prescribed.

Four is, eligibility for appointment age:

- Officials and public employees 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 working years from the date of implementation of the appointment process; (Note: in special cases, report to competent authorities for consideration and decision)

- Officials and public employees are proposed to be appointed to leadership and management positions for which the term of each appointment is less than 5 years in accordance with specialized laws and competent agencies, appointment age must be one term;

- Officials and public employees who are transferred or appointed to hold a new position equivalent to or lower than the one they are holding, the age of appointment shall not be counted as prescribed.

Five is, have enough health to complete assigned tasks and responsibilities.

Six is, not falling into the cases of being banned from holding certain positions according to the Party's regulations and laws; not in the time limit for disciplinary action, not in the period of implementation of regulations related to the discipline of cadres, civil servants and public employees.

The above are all regulations on standards, conditions and deadlines for appointing officials and public employees to leadership and management positions that LAWNET would like to send to Customers and Members. Hopefully this information will help Customers and Members better understand the new regulations of Decree No. 138/2020/NĐ-CP and Decree No. 115/2020/NĐ-CP of Vietnam’s Government.

Ty Na

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