Direct Management Agency Appoints the Head of Newly Established Public Non-Business Unit

The direct management agency appoints the head of the newly established PSP (Illustration)

To be specific, in Article 47 of Decree 115/2020/ND-CP, it is stipulated that the competent management agency directly presides over the appointment process in the following cases:

- Appointment of the head and deputy head of a newly established public service provider;- In cases where the appointment process is to be conducted and at that time the public service provider has only one leader who is the head or the deputy head;- In cases where the appointment process is to be conducted and at that time the leadership within the public service provider is not united, there are many disciplinary violations, and if the appointment process is carried out it will lack objectivity;- In cases where due to natural disasters, accidents or other force majeure reasons, the public service provider no longer has any leaders or managers.

Additionally, the appointment of managerial public employees in cases of merger, consolidation, division, reorganization, or change of organizational model is as follows:

- In cases of merger, consolidation, division, reorganization, or change of organizational model of a public service provider where the position held by the public employee at the old public service provider is equivalent to or higher than the position the public employee is expected to hold at the new public service provider, or in cases where the public service provider is renamed, the leadership collective and the head of the new public service provider will submit the matter to the competent management agency for consideration and decision on position transfer in accordance with the new job position.- In cases of merger, consolidation, division, reorganization, or change of organizational model of a public service provider where the position held by the public employee at the old public service provider is lower than the position the public employee is expected to hold at the new public service provider, the appointment will be carried out according to the appointment process for personnel from other sources.- In cases where the public service provider has not yet consolidated a head, based on the task requirements, the competent appointing authority will consider, decide, and be responsible for assigning acting head or in-charge of the public service provider until the head of the public service provider is appointed. The acting or in-charge period does not count towards the term of holding the position upon appointment.- In cases where ministries, ministry-level agencies, agencies under the Government of Vietnam, or People's Committees of provinces and cities under central authority pilot competitive examinations for managerial public employee positions according to the Communist Party's policy, the appointment process will follow the guidelines of the authority responsible for the pilot organization.

For details, see Decree 115/2020/ND-CP, effective from September 29, 2020.

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE