Who are public employees? Latest regulations on public employee evaluation in Vietnam under the Law on Public Employees

Who are public employees? Latest regulations on public employee evaluation in Vietnam under the Law on Public Employees (Internet image)

1. Who are public employees?

Article 2 of the Law on Public Employees 2010 stipulates public employees as follows:

Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

2. Latest regulations on public employee evaluation in Vietnam

2.1. Purpose of public employee evaluation in Vietnam

Article 39 of the Law on Public Employees 2010 stipulates the purpose of public employee evaluation as follows:

Public employee evaluation aims to provide a basis for further arranging, employing, appointing, relieving of duty, training, retraining, commending, rewarding, disciplining and implementing regimes and policies towards public employees.

2.2. Public employee evaluation bases in Vietnam 

Article 40 of the Law on Public Employees 2010 stipulates that the public employee evaluation shall be conducted on the following bases:

- Commitments in signed working contracts;

- Regulations on professional ethics and code of conduct of public employees.

2.3. Contents of public employee evaluation

The contents of the evaluation of public employees are specified in Article 41 of the Law on Public Employees 2010 as follows:

- Public employees shall be evaluated based on the following:

+ Performance of work or tasks under signed working contracts;

+ Observance of rules on professional ethics:

+ Sense of responsibility, attitude in serving the people and sense of collaboration with colleagues, and observance of the code of conduct of public employees:

+ Performance of other obligations of public employees.

- In addition to the contents provided in Clause I of this Article, managerial public employees shall be evaluated based on:

+ Capabilities of leadership, management, administration and organization of task performance:

+ Results of operation of units they are assigned to lead and manage.

- Public employees shall be evaluated annually; upon the end of the probation period; before renewal of working contracts, change of working positions, consideration for commendation, disciplining, appointment, reappointment, planning, training and retraining.

2.4. Evaluation-based categorization of public employees in Vietnam

Article 42 of the Law on Public Employees 2010 stipulates the evaluation-based categorization of public employees as follows:

Annually, based on evaluation contents, public employees shall be put into the following categories:

- Excellent accomplishment of tasks;

- Good accomplishment of tasks:

- Accomplishment of tasks:

- Non-accomplishment of tasks.

2.5. Public employee evaluation responsibility in Vietnam

In Article 43 of the Law on Public Employees 2010 stipulates the public employee evaluation responsibility as follows:

- Heads of public non-business units shall evaluate public employees under their management.

- Depending on specific conditions, heads of public non-business unit may personally evaluate public employees under their management or assign or delegate such evaluation. Persons assigned to evaluate public employees shall take responsibility for evaluation results before heads of public non-business units.

- Persons with appointing competence shall evaluate managerial public employees in public non-business units.

2.6. Notification of results of evaluation and categorization of public employees in Vietnam

Pursuant to Article 44 of the Law on Public Employees 2010, the notification of results of evaluation and categorization of public employees is as follows:

- Contents of evaluation of public employees shall be notified to public employees concerned.

- Results of categorization of public employees shall be made public in public non-business units.

- If disagreeing with evaluation and categorization results, public employees may lodge complaints with competent authorities.

Ngoc Nhi

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