This is one of the noteworthy contents stipulated in Decree 24/2010/ND-CP regulating the recruitment, use, and management of officials, effective from May 1, 2010.
Illustration - Internet
To be specific, according to the provisions of Article 25 Decree 24/2010/ND-CP and Clause 13, Article 1 Decree 161/2018/ND-CP, commune-level officials as prescribed in Clause 2, Article 61 Law on Cadres and Civil Servants when they cease to hold office according to their tenure, and commune-level officials as prescribed in Clause 3, Article 61 of the Law on Cadres and Civil Servants shall be considered for transfer to civil servants from district level and above in cases where the following conditions and criteria are met:
- The agency employing civil servants needs to recruit according to the civil service structure appropriate to the position to be recruited;
- Meets the professional standards of the corresponding civil service grades with the job position;
- For commune-level civil servants, they must have served as commune-level civil servants for at least 60 months (excluding probationary period; if there is non-continuous working time and no one-time social insurance allowance has been received, it shall be accumulated);
- Possesses political and ethical qualities, has fulfilled the assigned responsibilities and tasks;
- Not during the time under disciplinary review or subject to disciplinary decisions by competent authorities, under criminal investigation, serving or having served a court's criminal sentence without being cleared of criminal records, subject to administrative measures such as being placed in a rehabilitation center, detention center, or education institute.
Note:
- The acceptance of commune-level civil servants for appointment to leadership and management positions from department level and above shall be conducted concurrently with the process of appointing civil servants to leadership and management positions.
- The competent authority managing civil servants shall not issue recruitment decisions bypassing examinations but shall issue acceptance and appointment decisions concurrently as recruitment decisions.
- In cases where civil servants from district level and above are assigned or rotated to serve as commune-level civil servants, upon reassignment or rotation back, the process of examining the transfer as per the above regulation does not need to be conducted.
Regarding the dossier, authority, and process of examining the transfer of commune-level civil servants to civil servants from district level and above: Specific provisions are stated in Article 13 of Circular 13/2010/TT-BNV.
- Nguyen Trinh -
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