02 cases of secondment of officials according to Decree No. 138/2020/NĐ-CP of Vietnam’s Government

According to Article 27 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, secondment of officials is carried out in the following cases:

- Unexpected and urgent tasks;

- To perform a task that needs to be solved within a certain time.

* The time limit for seconding officials shall not exceed 3 years, except for cases in accordance with specialized laws. Seconded officials are subject to the assignment, arrangement, assessment and inspection of the performance of tasks by the agencies or organizations where they are seconded, but are still on the payroll of the agency or organization that sends the seconded, even if an official holding a leadership or managerial position is seconded to hold a leadership or managerial position equivalent to the one he currently holds.

* Heads of agencies or organizations assigned or decentralized to manage officials shall decide on the secondment of officials under their management or submit them to competent authorities for decision in accordance with law.

* The order and procedures for seconding officials are carried out as follows:

- The head of the agency or organization assigned or decentralized to manage officials where the official works and where he or she is seconded shall have a written exchange and agreement on opinions;

- The head of the agency or organization where the official is working shall decide according to his/her competence or submit to the competent authority for decision according to the management decentralization.

* Before deciding on seconding officials, heads of agencies and organizations assigned or decentralized to manage officials need to meet with officials to clearly state the purpose and necessity of seconding to listen to officials' proposals before making decisions according to their competence or report them to competent authorities for consideration and decision.

View more details at the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, effective from December 01, 2020.

Le Vy

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