Criteria for the position of Director of Department in Vietnam as of May 1, 2024

Criteria for the position of Director of Department in Vietnam as of May 1, 2024 (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

On March 6, 2024, the Government issued Decree 29/2024/ND-CP regulating the criteria for leading and managing positions in state administrative agencies.

Criteria for the position of Director of Department in Vietnam as of May 1, 2024

According to Article 25 of Decree 29/2024/ND-CP, the criteria for the position of Director of Department and equivalents in Vietnam are as follows:

- The Director of a Department and equivalents are the heads of provincial-level agencies who lead, manage, and organize the implementation of state management functions and tasks in their respective fields and areas within the province, centrally-run city, and carry out other tasks delegated with authority; they are directly accountable to the provincial People's Committee, the Chairman of the provincial People's Committee, and are directly accountable to the Minister of the managing ministry and the law on duties and tasks assigned for the state management of their respective fields and areas.

- Meeting the corresponding general criteria specified in Section 1, Chapter II of Decree 29/2024/ND-CP and the following regulations:

+ Have a deep understanding of state management, knowledge of the law in their respective fields and areas of management, and the specific regulations applicable at the local level.

+ Have the capacity to: Advise and direct the effective implementation of legal normative documents issued by the central government; provide advice on drafting legislative documents in their respective fields and areas applicable at the local level; direct the development of the department's term and annual work plans in their respective fields and areas; direct or directly resolve difficult and complex issues within their respective fields and areas; implement administrative reform, civil service regime, and public officials within their jurisdiction; direct the implementation of inspection, examination, and handling according to the provisions of the law; direct the resolution of petitions, complaints, and denunciations from organizations and citizens within their jurisdiction; consult and direct the coordination work with central agencies; direct the implementation of consistent, unified, and effective Party guidelines, policies, and laws within the entire province.

+ Currently hold the position of Deputy Director of a Department or equivalent position, or a position or title equivalent to the authorized level according to the management hierarchy of officials.

Special cases applying the criteria for appointment in Vietnam

Some special cases applying the criteria for appointment in Vietnam are specified in Article 9 of Decree 29/2024/ND-CP as follows:

- In the case of appointing individuals from external sources, it is not necessary to ensure that they have previously met the criteria for leading positions at lower-level positions in the intended agency, organization, or unit.

- In the case of a person currently holding a position or title specified in point a, Clause 1, Article 2 of Decree 29/2024/ND-CP, the person can be appointed to a position or title equivalent or concurrently hold another position or title without necessarily meeting the full criteria of the intended position or title.

- In the case of personnel currently serving in the armed forces, public career institutions, state-owned enterprises, or other political system agencies or organizations who are being transferred or appointed to leadership and management positions in state administrative agencies, they must meet the criteria and conditions specified in this Decree but are not required to immediately meet the criteria for state management as stipulated in the intended position or title. For these cases, the criteria must be completed within 12 months from the date of the appointment decision.

Nguyen Ngoc Que Anh

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