Vietnam: Some changes to the adjustment of official staffing under Decree 62/2020/ND-CP

Vietnam: Some changes to the adjustment of official staffing under Decree 62/2020/ND-CP (Illustrative image)

1. Changes in the bases for adjusting official staffing

According to Clause 1, Article 13 of Decree 62/2020/ND-CP on job positions and official staffing, the adjustment of official staffing in agencies and organizations will be considered in the following cases:

- An agency or organization has changes in one of the following bases:

• Job positions and the volume of work for each job position;

• Level of modernization regarding equipment, work facilities, and information technology applications;

• Actual usage of allocated official staffing;

• For agencies and organizations at the local level, apart from the above bases, adjustments must also consider population size, natural area, number of district and commune-level administrative units, and security, political, order, and social safety characteristics.

• Establishment, reorganization, dissolution of agencies or organizations as decided by the competent authority;

• Establishment, dissolution, merging, splitting, and adjustment of provincial or district-level administrative boundaries.

Compared to the provisions of Article 11 of Decree 21/2010/ND-CP (which expired on July 1, 2020), the new regulations have eliminated the basis for adjusting official staffing when functions, tasks, and powers of agencies, organizations, or units are adjusted according to the decisions of the competent authority. Furthermore, the new regulations have added new cases that can lead to the adjustment of official staffing (when there are changes in the bases for determining official staffing).

2. Retention of the components of the application for adjusting official staffing

According to Clause 2, Article 13 of Decree 62/2020/ND-CP, the application for adjusting official staffing in Vietnam includes:

• An application form for adjusting official staffing;
• A scheme for adjusting official staffing;
• Relevant documents related to the adjustment of official staffing enclosed.

Thus, the components of the application for adjusting official staffing in Vietnam in Decree 62/2020/ND-CP are essentially similar to the components specified in Decree 21/2010/ND-CP.

However, in Decree 62/2020/ND-CP, the requirement for the main contents of the application form for adjusting official staffing, such as the necessity and basis for the adjustment, the main content of the scheme proposal related to the staffing adjustment, and recommendations and suggestions, has been eliminated. From July 20, 2020, the content of the application form for adjusting official staffing will be created by the heads of agencies, organizations, and units based on their individual needs and will not be bound by any requirements.

3. Detail procedures for adjusting official staffing

According to Clause 2, Article 13 of Decree 62/2020/ND-CP, the procedures for adjusting staffing in Vietnam are as follows:

• For increasing official staffing or reallocating staffing between ministries, sectors, and localities, the ministries, sectors, and localities will send the application for adjusting official staffing in Vietnam to the Ministry of Home Affairs for appraisal and submission to the Prime Minister for decision.

• For reallocating official staffing between ministries, sectors, and localities with the Central Organization Committee, National Assembly Office, President's Office, Supreme People's Court, Supreme People's Procuracy, State Audit Office, the ministries, sectors, and localities will send the dossier for reallocating official staffing to the Ministry of Home Affairs for decision. The Ministry of Home Affairs will compile and report to the Prime Minister when submitting the annual official staffing to the Prime Minister for approval.

Thus, compared to the provisions of Clause 4, Article 14 of Decree 21/2010/ND-CP as amended by Clause 3, Article 1 of Decree 110/2015/ND-CP, the new regulations inherit the old provisions while specifying more clearly the procedures for adjusting official staffing.

Le Vy

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