Hanoi-Vietnam: Identification of officials and public employees in public service providers

Lawyer Tran Van Toan working at Khanh Hung Law Office - Hanoi Bar Association responds to Ms. Su's question as follows:

According to the provisions of Clause 4, Article 11 of Decree No. 06/2010/ND-CP dated January 25, 2010 of the Government of Vietnam, the head of public service providers funded by the state budget under the General Department, Department, and equivalent bodies attached to Ministries, ministerial-level agencies; the provincial CPV committee, municipal CPV committee; Provincial People's Committee; provincial-level socio-political organizations; district, municipal, town, and provincial-owned city CPV committees; specialized agencies under the Provincial People's Committee, specialized agencies under the District People’s Committee are considered officials.

Conversion between public employee and official

At Point dd, Clause 1, Article 58 of the Public Employee Law 2010, officials in the leadership and management apparatus of public service providers, when their appointment term expires without reappointment but continue working at that public service provider, shall be converted to public employees and assigned suitable tasks according to their specialty and profession.

According to Clause 4, Article 42 of Decree No. 29/2012/ND-CP dated April 12, 2012, by the Government of Vietnam on the recruitment, use, and management of public employees, officials are converted to work as public employees in public service providers when meeting the standards and conditions as prescribed by law on public employees.

Regarding the question of Ms. Nguyen Thi Su, according to the law concerning officials, at the public service provider funded by the state budget under the specialized agency of the Provincial People's Committee, only the head of that provider is considered an official. Thus, at the Information Technology Center (a public service provider under the Department), only the Director of the Center is an official.

According to the law concerning public employees, if Ms. Su is transferred by the competent authority to the Center (an affiliated public service provider) to work as the Director, she is considered an official. Upon the expiration of her appointment term without reappointment but continuing to work at that public service provider, she shall be converted to a public employee.

If Ms. Su is transferred to the Center to work but not appointed as the Director of that public service provider, she is a public employee.

According to the Government of Vietnam's Electronic Newspaper

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